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GOVERNMENT GAZETTE, 7 JUNE 2004
No. 26436
Act No. 10, 2004
NA’ITONAL ENVIRONMENTAL MANAGEMENT:
BIODIVERSITY ACT, 2004
Part 4
Adnzinistration of Institute
Appointment of Chief Executive Officer
28. (1) The Board, acting with the concurrenceof the Minister, must appoint a person
with appropriate qualifications and experience as the Chief Executive Officer of the
Institute.
( 2 ) The Chief Executive 0fficer-( 0 ) is appointed for a term not exceeding five years; and
(b) may be reappointed by the Board with the concurrence of the Minister, but
onlyone
for
additional term not exceeding five years.
(3) The Chief Executive Officer is employed subject to such terms and conditions of
employment as the Board may determine in accordance with a policy approved by the
Minister with the concurrence of the Cabinet member responsible for finance.
(4) The Chief Executive Officer-(a) is responsible
thefor
management of the Institute;
( b ) must perform such duties and may exercise such powers as the Board may
delegate to him or her; and
( c ) must report to the Board on aspects of management, the performance of duties
and the exercise of powers, at such times or intervals and in such manner, as
the Board may determine.
( 5 ) (a)The Chairperson of the Board may appoint another employee of the Institute
as acting Chief Executive Officer for a period not exceeding six months, whenever(i) the Chief Executive Officer if for any reason absent or unable to perform his
or her duties; or
(ii) there ais vacancy in the office of the Chief Executive Officer.
( b ) Whilst acting as Chief Executive Officer, such employee(i) has the powers and duties of the Chief Executive Officer; and
(ii) is employed subject to such terms and conditions of employment as the
Chairperson may determinein accordance with the policy referred to in
subsection (3).
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10
15
20
25
30
Employment of staff
29. (1) The Board, acting with the concurrence of the Minister, must determine an
employment policy for the Institute.
(2) The Chief Executive Officer-( a ) within the financial limits set by the Board, must determine a staff 35
establishment necessary for the work of the Institute; and
(b) may appoint persons in posts on the staff establishment.
(3:) An employee of the Institute is employed subject to the terms and conditions of
employment determined by the Chief Executive Officer in accordance withthe
employment policy of, and within the financial limits set by, the Board.
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(4) (a)A person in the service of another organ of state may be seconded to the
Institute by agreement between the Chief Executive Officer and such organ of state.
( h ) Persons seconded to the Institute perform their duties under the supervision of the
Chief Executive Officer.
( 5 )A person in the service of the Institute may, with the consent of that person, be 45
seconded to another organ of state by agreement between the Chief Executive Officer
and such organ of state.
Part 5
Financial matters
Financial accountability
30. The Institute isa public entity for the purposes of the Public Finance Management
Act, and must comply with the provisions of that Act.
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