26436
No.
GOVERNMENT GAZETTE, 7 JUNE 2004
28
Act No. 10,2004
NATIONAL
ENVIRONMENTAL
MANAGEMENT:
BIODWERSITY ACT, 2004
General powers
12. The Institute may for the purpose of performing its duties( a ) appoint its .own staff, subject to section 29;
( b ) obtain, by agreement, the. services of any person, including any organ of state,
the
for
performance
of any specific act, task
or
assignment;
(c) acquire or dispose of any right in or tomovable or immovable property, or hire
or let any property;
(d) open and operate its own bank accounts;
( e ) establish a comp-my which has as its object the production and supply of
goods or the rendering of service9 on behalf of the Institute, subject to the
Public Finance Management Act;
(f) inv'est any of its money, subject to section 32;
(g) borrow money, subject to section 66 of the Public Finance Management Act;
( h ) chasge fees(i) for access to national botanical gardens, herbaria and other places under
its control;
(ii) for any work performed or services rendered by it, except for any such
work performed or services rendered in terms of section ll(l)(m), (n)or
( 0 ) ; or
(iii) for access to the results of, or to other information in connection with,
any research performed by it;
(i) collect royalties resulting from any discoveries, inventions or computer
programmes;
( j ) insure itself against(i) any loss, damage or risk; or
(ii) any liability it may incur in the application of this Act;
( k ) perform legal acts, including acts in association with, or on behalf of, any
other person or organ of state; and
( l ) institute or defend any legal action.
Part 2
5
LO
15
20
25
30
Governing board, composition and membership
Composition
13. (1) The Institute is governed by a Board consisting of( a ) not fewer than seven and not more than nine members appointed in terms of
35
section 15;
(b) the Director-General or anofficial of the Department designated by the
Director-General; and
( c ) the Chief Executive Officer of the Institute.
(2) The Minister( a ) must determine thenumber of members to be appointed in terms of subsection 40
(l)(a);and
(b) may alter the number determined in terms of paragraph (a),but a reduction in
the number may be effected only when a vacancy in the Board occurs.
(3) The Board takes all decisions in the performance of the duties and exercise of
powers of the Institute, except45
( a ) those decisionstaken in consequence of a delegation in terms of section 27; or
(b) where the Public Finance Management Act provides otherwise.
Qualifications
14. (1) A m'ember of the Board must(a) be
a fit and proper person to hold office as a member; and
(17)
have appropriate qualifications and experience in the field of biodiversity.
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