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

Chapter 2 : South African National Biodiversity Institute

Part 3 : Operating procedures of Board

27. Delegation of powers and duties

 

(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 the terms and conditions of service of the Chief Executive Officer in terms of section 28(3);
(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, conditions and directions that the Board may impose;
(b) 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 dutiy; and
(d) does not prevent the exercise of 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.