National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004)Chapter 10 : Miscellaneous104. Savings |
| (1) | Anything done in terms of the Forest Act, 1984 (Act No. 122 of 1984), which may or must be done in terms of this Act must be regarded as having been done in terms of this Act. |
| (2) | A person who immediately before the repeal of the Forest Act, 1984, by section 100 of this Act was— |
| (a) | a member of the board of the National BotanicaI lnstitute, becomes a member of the Board of the South African National Biodiversity Institute and remains such a member until the Minister appoints the members of the Board in terms of section 15; |
| (b) | the chief executive officer of the National Botanical Institute becomes the acting chief executive officer of the South African National Biodiversity Institute and remains the acting chief executive officer until the Board appoints a person as the chief executive officer of the Institute in terms of section 29; and |
| (c) | all employees of the National BotanicaI lnstitute, including its chief executive officer, must be regarded as having been appointed in terms of section 30 as employees of the South African National Biodiversity Institute subject to the same conditions of services which applied to them immediately before the repeal of the Forest Act, 1984. |
| (3) | Subsection (2)(c) does not affect pension, leave and other benefits which accrued to employees referred to in that subsection before the repeal of the Forest Act, 1984, and such benefits must be respected as if there was no break in their service and no change of employer. |
| (4) | As from the date of repeal of the Forest Act, 1984— |
| (a) | all assets and liabilities and all rights and obligations of the National Botanical Institute are vested in the South African National Biodiversity Institute; and |
| (b) | any balance in the National Botanical Institute Fund referred to in section 64 of that Act must be paid to the South African National Biodiversity Institute. |