National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004)Chapter 2 : South African National Biodiversity InstitutePart 3 : Operating procedures of Board27. 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. |