38

GOVERNMENT GAZETTE, 7 JUNE 2004

No. 26436

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Act No. 10,2004

NATIONAL
ENVIRONMENTAL
MANAGEMENT
BIODIVERSITY ACT. 2004

Funding
31. The funds of the Institute consist of(a) income derived by it from the performance of its duties and the exercise of its
powers;
(b) money appropriated by Parliament;
S
(c) grants received from organs of state;
id) voluntary contributions, donations and bequests;
( e ) money borrowed in terms of section 12(g);
If) income derived from investments referred to in sections 32; and
Ig) moneyderived
Fom any other ,source, subjectto
thePublic
Finance 10
Management Act.

Investments
32. The Institute may invest any of its funds not immediately required( a ) subject toany investment policy that may be prescribed in terms of section 7
the
(4) of
Finance
Public
Management
and
Act;
IS
jb) in such a manner that the Minister may approve.
Part 6
National botanical gardens
Declaration
33. (1) The Minister, acting withthe approval of the Cabinet member responsible for 20
the administration of the land in question may, bynotice in theGazette, declare any state
land described in the notice as a( a ) national botanical garden; or
(b) part of an existing national botanical garden.
(2) The Minister, acting in accordance with an agreement with the owner of the land 25
described in that agreement may, by notice in the Gazette declare that land as a( a ) national botanicalgarden;or
( 6 ) part of an existing national botanical garden.
(3) A notice in termsof subsection ( ] ) ( a )or ( 2 ) ( a )must assign a nameto the national
botanical garden.
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(4) The sites described in Schedule 1 to the Forest Act, 1984 (Act No.122 of 1984),
must be regarded as having beendeclared as national botanical gardensin terms of this
section.

Amendment or withdrawal of declarations
34. (1)
Minister
The
notice
by
may,
in the Gazette35
( a ) amend or withdraw a notice referredintosection 33, subject to
subsection (2);
or
(h) amend the name assigned to a national botanical garden.
(2) The declaration of state land as a national botanical garden, orpart of an existing
nationalbotanical garden, may notbe withdrawn and a partof a nationalbotanical 40
garden on state land may not be excluded fromit except by resolution of each Houseof
Parliament.

Part 7
General
Minister’s supervisory powers
35. (1 ) The Minister( a ) must monitor the exercise and performance by the Institute of its powers and
duties;

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Select target paragraph3