om
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No. 26436
Act No. 10,2004
GOVERNMENT GAZETTE, 7 JUNE 2004
NATIONAL EhVIRONIvENTAL MANAGEMENT:
BIODIVERSITY ACT. 2004
Conduct of members
19. (1 ) A member of the Board( a ) mustperform the duties of office in goodfaith and withoutfavouror
prejudice;
( b ) must disclose to the Board any personal or private business interest that that S
member,oranyspouse,partner
or closefamily memberof that Board
member, may have in any matter before the Board, and must withdraw from
the proceedings of the Board whenthat matter is considered, unless
the Board
decides that the2nterest of that Board member in the matter is trivial or
irrelevant;
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(c) may not use the position, privileges or knowledge of a member for private
gain or to improperly benefit another person; and
(d) may not act in any other way that compromises the credibility, impartiality,
independence or integrity of the Institute.
(2) A member of the Board who contravenes or fails to complywith subsection (1) is 15
guilty of misconduct.
\
Termination of membership
20. (1 ) A member of the Board refelred to in section 13(l)(a) ceases to be a member
when that person( a ) is no longer
eligible in terms
section
of
14
be
to
a member;
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(b) resigns;or
(c) is removed from office in terms of section 21.
(2) A member may resign only by giving at least three months’ written notice to the
Minister, but the Minister may accept a shorter period in a specific case.
Removal
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21. (1) The Minister mayremove a member of the Board referred to in section
13(] ) ( a )from office, but only on the ground of( a ) misconduct, incapacity or incompetence;
(b) absencefrom three consecutive meetings of the Board without the prior
permission
theof
Board
except
on good
cause
shown;
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(c) insolvency;or
(d) conviction of a criminal offence without the option of a fine.
(2) A member of the Board may beremoved fromoffice on the ground of misconduct
or incompetence only after a finding to that effect has been madeby a board of inquiry
appointed by the Minister.
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(3) The Minister may suspend a memberunder investigation in terms of this section.
Filling of vacancies
22. ( I ) A vacancy in the Board is filled( a ) in the case of a vacating Chairperson, by appointing another member in terms
40
section of
16(1) as the Chairperson; and
( b ) in the case of a vacating member referred to in section 13(l)(a), by following
the procedure set out in section 15.
( 2 ) A person appointed to fill a vacancy holds office for the remaining portionof the
term of the vacating Chairperson or member.
Part 3
45
Operating proceduresof Board
Meetings
23. (1) The Chairperson of the Board decides when and where the Board meets, but
a majority of the members may request the Chairperson in writing to convenea Board
meeting at a time and place
the set
in out
request.
so