34 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. 5 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. 15 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 20 (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 30 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. 35 40 45 SO 55