om 32 No. 26436 Act No. 10,2004 GOVERNMENT GAZETTE, 7 JUNE 2004 NATIONAL EhVIRONIvENTAL MANAGEMENT: BIODIVERSITY ACT. 2004 Conduct of members 19. (1 ) A member of the Board( a ) mustperform the duties of office in goodfaith and withoutfavouror prejudice; ( b ) must disclose to the Board any personal or private business interest that that S member,oranyspouse,partner or closefamily memberof that Board member, may have in any matter before the Board, and must withdraw from the proceedings of the Board whenthat matter is considered, unless the Board decides that the2nterest of that Board member in the matter is trivial or irrelevant; 10 (c) may not use the position, privileges or knowledge of a member for private gain or to improperly benefit another person; and (d) may not act in any other way that compromises the credibility, impartiality, independence or integrity of the Institute. (2) A member of the Board who contravenes or fails to complywith subsection (1) is 15 guilty of misconduct. \ Termination of membership 20. (1 ) A member of the Board refelred to in section 13(l)(a) ceases to be a member when that person( a ) is no longer eligible in terms section of 14 be to a member; 20 (b) resigns;or (c) is removed from office in terms of section 21. (2) A member may resign only by giving at least three months’ written notice to the Minister, but the Minister may accept a shorter period in a specific case. Removal 25 21. (1) The Minister mayremove a member of the Board referred to in section 13(] ) ( a )from office, but only on the ground of( a ) misconduct, incapacity or incompetence; (b) absencefrom three consecutive meetings of the Board without the prior permission theof Board except on good cause shown; 30 (c) insolvency;or (d) conviction of a criminal offence without the option of a fine. (2) A member of the Board may beremoved fromoffice on the ground of misconduct or incompetence only after a finding to that effect has been madeby a board of inquiry appointed by the Minister. 35 (3) The Minister may suspend a memberunder investigation in terms of this section. Filling of vacancies 22. ( I ) A vacancy in the Board is filled( a ) in the case of a vacating Chairperson, by appointing another member in terms 40 section of 16(1) as the Chairperson; and ( b ) in the case of a vacating member referred to in section 13(l)(a), by following the procedure set out in section 15. ( 2 ) A person appointed to fill a vacancy holds office for the remaining portionof the term of the vacating Chairperson or member. Part 3 45 Operating proceduresof Board Meetings 23. (1) The Chairperson of the Board decides when and where the Board meets, but a majority of the members may request the Chairperson in writing to convenea Board meeting at a time and place the set in out request. so