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GOVERNMENT GAZETTE, 7 JUNE 2004
No. 26436
Act No. 10.2004
NATIONAL
ENVIRONMENTAL
MANAGEMENT:
BIODIVERSITY ACT, 2004
(2) The Chairperson presides at meetings of the Board, but if the Chairperson is
absent from a meeting,
the members present mustelect another member topreside at the
meeting.
Procedures
24. (1) The Board may determine its own procedures subject to the provisions of this
Act.
(2) The Board must keep recordsof its proceedings and of decisions taken.
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i
Quorum and decisions
25. (1) A majorityof themembers of the Board servingatany
relevant time
meeting
a quorum
for
constitutes
a
Board.
of the
I. 0
(2) A matter before the Board is decided by the votes of a majority of the members
present at the meeting.
(3) If onany matter before the Board there is an equality of votes, the member
presiding at the meeting must exercise a casting
vote in addition to that person’s vote as
a member.
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Committees
26. (1) TheBoardmayestablishoneormorecommitteesto
assist itin the
performance o f its duties or the exercise of its powers.
(2) When appointing members to a committee,
the Board is not restricted to members
of the
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(3) The Board(a) must determine the duties of a committee;
( b ) mur;t appoint a chairperson and other members of the committee;
(c) may remove a member of a committee from office at any time, taking into
account the provisions of the Promotion of Administrative Justice Act, 2000 25
(Act No. 3 of 2000); and
(d) must determine a working procedure of a committee.
(4) The Board may dissolve a committee at any time.
( 5 ) (a) Section 18 read with the necessary change as the context may require, applies
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to the terms
and
conditions of employment of committee
members.
(bj A staff member of the Institute appointed to a committee servesthe
oncommittee
subject to the terms and conditions of that person’s employment.
Delegation of powers and duties
27. (1) When necessary for the proper performance
of its duties, the Board may,
subject to subsection ( 2 ) , delegate
any
of its powers or duties to( a ) a member of the Board;
( b ) a committee referred to in section 26; or
( c ) a staff member of the Institute.
(2) The following powers and duties may not be delegated by the Board:
( a ) The appointment or reappointment of a person as the Chief Executive Officer
in terms of section 28(1) or (2);
(b) the determination of theterms and conditions of service of theChief
Executive Officer in terms of section 28(3);
I C ) the determination of an employment policy in terms of section 29(1); and
(d) the setting of financial limits
in
terms
of section 29(2)(a)or (3).
(3) A delegation in terms of subsection (1)(a) is subject to any limitations, conditionsand directions that theBoardmay
impose;
(0) must be in writing;
( c ) does not divest the Board of the responsibility concerning the exercise of the
delegated power or the performance of the delegated duty; and
(d) does not prevent the exerciseof the delegated power or the carrying out of the
delegated duty by the Board.
(4) The Board may confirm, vary or revoke any decision taken in consequence of a
delegation in terms of this section, subject to any rights that may have accrued to a
person as a result of the decision.
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40
45
SO
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