36 GOVERNMENT GAZETTE, 7 JUNE 2004 No. 26436 Act No. 10, 2004 NA’ITONAL ENVIRONMENTAL MANAGEMENT: BIODIVERSITY ACT, 2004 Part 4 Adnzinistration of Institute Appointment of Chief Executive Officer 28. (1) The Board, acting with the concurrenceof the Minister, must appoint a person with appropriate qualifications and experience as the Chief Executive Officer of the Institute. ( 2 ) The Chief Executive 0fficer-( 0 ) is appointed for a term not exceeding five years; and (b) may be reappointed by the Board with the concurrence of the Minister, but onlyone for additional term not exceeding five years. (3) The Chief Executive Officer is employed subject to such terms and conditions of employment as the Board may determine in accordance with a policy approved by the Minister with the concurrence of the Cabinet member responsible for finance. (4) The Chief Executive Officer-(a) is responsible thefor management of the Institute; ( b ) must perform such duties and may exercise such powers as the Board may delegate to him or her; and ( c ) must report to the Board on aspects of management, the performance of duties and the exercise of powers, at such times or intervals and in such manner, as the Board may determine. ( 5 ) (a)The Chairperson of the Board may appoint another employee of the Institute as acting Chief Executive Officer for a period not exceeding six months, whenever(i) the Chief Executive Officer if for any reason absent or unable to perform his or her duties; or (ii) there ais vacancy in the office of the Chief Executive Officer. ( b ) Whilst acting as Chief Executive Officer, such employee(i) has the powers and duties of the Chief Executive Officer; and (ii) is employed subject to such terms and conditions of employment as the Chairperson may determinein accordance with the policy referred to in subsection (3). 5 10 15 20 25 30 Employment of staff 29. (1) The Board, acting with the concurrence of the Minister, must determine an employment policy for the Institute. (2) The Chief Executive Officer-( a ) within the financial limits set by the Board, must determine a staff 35 establishment necessary for the work of the Institute; and (b) may appoint persons in posts on the staff establishment. (3:) An employee of the Institute is employed subject to the terms and conditions of employment determined by the Chief Executive Officer in accordance withthe employment policy of, and within the financial limits set by, the Board. 40 (4) (a)A person in the service of another organ of state may be seconded to the Institute by agreement between the Chief Executive Officer and such organ of state. ( h ) Persons seconded to the Institute perform their duties under the supervision of the Chief Executive Officer. ( 5 )A person in the service of the Institute may, with the consent of that person, be 45 seconded to another organ of state by agreement between the Chief Executive Officer and such organ of state. Part 5 Financial matters Financial accountability 30. The Institute isa public entity for the purposes of the Public Finance Management Act, and must comply with the provisions of that Act. 50