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. 50