National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004)

Chapter 2 : South African National Biodiversity Institute

Part 2 : Governing Board, composition and membership

13. Composition

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(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 section 15;

(b)	the Director-General or an official of the Department designated by the Director-General; and

(c)	the Chief Executive Officer and the Chief Financial Officer of the Institute.

[Section 13(1)(c) substituted by section 47 the National Environmental Management Laws Amendment Act, 2022, GG46602, dated 24 June 2022: Commencement by Proclamation 125 of 2023, GG48860, dated 30 June 2023]

(2)	The Minister—

(a)	must determine the number of members to be appointed in terms of subsection (1)(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, except—

(a)	those decisions taken in consequence of a delegation in terms of section 27; or

(b)	where the Public Finance Management Act provides otherwise.