Key Benefits:
20. Establishment of Board
(1) There is hereby established a Board to be known as the Environmental Assessment Practitioners Board.
(2) The Board shall be a body corporate having perpetual succession and a common seal capable of suing and being sued in its own name and, subject to the provisions of this Act, of performing such acts as bodies corporate may by law perform.
(1) The seal of the Board shall be such a device as may be determined by the Association and shall be kept and applied by the Executive Secretary.
(2) The affixing of the seal shall be authenticated by the Chairperson or Vice Chairperson and the Secretary or any other person authorised in that capacity by the resolution of the Board.
(3) Any contract or instrument which, if entered into, or executed by a person except the Executive Secretary, will not be required to be under seal, may be entered into or executed without seal on behalf of the Board by the Executive Secretary or any other person generally or specifically authorised by the Board in that capacity.
(1) The Board shall consist of the following eleven members -
(a) seven persons excluding public servants, who shall be members of the Association and elected by the Association;
(b) three persons appointed by the Minister, who may or may not be members of the Association; and
(c) a legal adviser, nominated by the Association.
(2) Board members who are non-citizens shall, prior to their appointment, have been resident in Botswana and have been members of the Association for not less than three years prior to their appointment.
(3) The Chairperson and Vice Chairperson shall be elected by the members of the Board from among their number.
23. Association to elect members
The Association shall, within three months of the coming into force of this Act, elect members to the Board in accordance with section 22 (1) (a) and (c).
24. Powers and functions of Board
The Board shall -
(a) register and certify the practitioners in terms of section 38 of this Act;
(b) perform other activities in order to promote the sustainable management of the environment through the realisation of quality environmental assessment in Botswana;
(c) provide relevant authorities, development proponents and the public in general with quality assurance regarding Environmental Assessment Practitioners appointed to conduct and regulate environmental assessments by -
(i) establishing criteria (education, professional experience, competency and continued professional development requirements) and procedures for registration of practitioners,
(ii) upholding a defined Code of Conduct and acting in the best interests of the environment, sustainable development and the public good, and
(iii) establishing disciplinary procedures and sanction mechanisms;
(d) promote continued professional development for practitioners;
(e) promote awareness of the purpose and practice of practitioners;
(f) establish and maintain a register of individuals who are qualified to operate as practitioners;
(g) liaise with the Tertiary Education Council established under the Tertiary Education Act, and any other relevant body, in relation to the accreditation of education institutions;
(h) determine fees payable to the Board by registered persons;
(I) prescribe and enforce a Code of Conduct for practitioners;
(j) define the type of work to be performed by practitioners;
(k) advise the Minister on environmental assessment issues or issues that may impact on sustainable development;
(l) communicate to the relevant government departments, information on matters of public importance acquired during the course of its work; and
(m) generally, do all such things as the Board deems necessary or expedient.
25. Tenure of office of member
(1) A member shall hold office, in the case of an -
(a) appointed member, for such period, not exceeding three years, as may be specified in the notice appointing him or her; and
(b) elected member, for a period of two years:
Provided that -
(i) a member elected immediately after the commencement of this Act shall hold office for a period of one year, and
(ii) on the expiry of his or her term of office he or she shall continue to hold office until a successor has been elected or a period of three months has elapsed, whichever occurs first.
(2) Notwithstanding the provisions of subsection (1), the Chairperson shall hold office for a period of three years.
(3) A member whose term of office expires shall be eligible for re-appointment or re-election, as the case may be, as a member.
26. Minister's power to appoint members required to be elected
(1) The Minister shall appoint a member where the Association fails, neglects or refuses to elect a member -
(a) within 21 days of notification by the Minister to elect a member, in accordance with section 22 (1) (a) and (c); or
(b) within the period referred to in section 28 (1) to fill a vacancy in terms thereof.
(2) A member appointed under -
(a) subsection (1) (a) shall hold office for such period, not exceeding two years, as the Minister may determine; and
(b) subsection (1) (b) shall hold office in accordance with section 28, and shall be deemed to have been duly elected to the Board.
27. Disqualification, removal and resignation
(1) No person shall be appointed as a member, nor shall any person be qualified to hold office as a member, who has -
(a) in terms of any law in force in any country -
(i) been adjudged or otherwise declared insolvent or bankrupt, and has not been rehabilitated or discharged, or
(ii) made an assignment, or arrangement or composition with his creditors, which has not been rescinded or set aside; or
(b) within a period of 10 years immediately preceding the date of his or her proposed appointment, been convicted -
(i) in Botswana, of a criminal offence, or
(ii) outside Botswana, of an offence which, if committed in Botswana, would have been a criminal offence, and sentenced by a court of competent jurisdiction to imprisonment for six months or more without the option of a fine, whether that sentence has been suspended or not, and for which he or she has not received a free pardon.
(2) The Minister may, after consulting the Board and by notice in writing, remove a member from office where the member -
(a) is absent without reasonable cause for three consecutive meetings of the Board of which he or she has had notice;
(b) is inefficient;
(c) has been found to be physically or mentally incapable of performing his or her duties efficiently, and a medical doctor has issued a certificate to that effect;
(d) contravenes the provisions of this Act or otherwise misconducts himsel for herself to the detriment of the objectives of the Board;
(e) has failed to comply with the provisions of this Act; or
(f) becomes a member of the National Assembly or a Councillor of a local authority.
(3) The Minister shall, in writing, suspend from office, a member against whom criminal proceedings are instituted for an offence in respect of which a sentence of imprisonment may be imposed, and whilst that member is so suspended, he or she shall not carry out any duties of the Board.
(4) A member may resign from office by giving 30 days' notice in writing to the Minister.
(5) The office of a member shall become vacant after -
(a) a period of 30 days from the date a ruling against the member is made on all appeals made in respect of a conviction against him or her under subsection (1) (b);
(b) a period of 30 days has elapsed from the date the member gives notice in writing to the Minister under subsection (3), of his or her intention to resign;
(c) a period of 30 days has elapsed from the date the member is given notice in writing by the Minister to vacate office; or
(d) the member is summarily dismissed by the Minister on grounds of contravening a provision of this Act or misconduct under subsection(2) (d).
(6) For the purposes of subsection (2) (d), "misconduct" includes any act done without reasonable excuse by a member which -
(a) amounts to failure to perform, in a proper manner, any duty imposed on him or her as a member;
(b) is prejudicial to the efficient conduct of the Board; or
(c) tends to bring the Board into disrepute.
(1) The Association shall, on being notified by the Board in writing of a death or vacation of office of an elected member, elect, within such period as may be specified in the notice, being not less than 60 days from the date of the notification, a member to fill the vacancy, and the member so elected shall hold office for the remainder of the period for which the former member would, but for his or her death or the vacation of his or her office, have continued in office.
(2) On the death or vacation of office of an appointed member, the Minister shall appoint another person to fill the vacancy.
(3) Subsections (1) and (2) shall not apply where the remainder of the period for which the member whose office has been vacated would otherwise have held office is less than six months.
(1) The Board may from time to time appoint committees either of a general or special nature consisting of such number of members, with such qualifications, as the Board may determine.
(2) Notwithstanding the generality of subsection (1), the Board may appoint -
(a) a Disciplinary Committee, which shall be responsible for -
(i) responding to complaints regarding the conduct or practices of practitioners,
(ii) conducting hearings within a reasonable period of time to investigate complaints based on the prescribed procedures, and
(iii) deciding on disciplinary measures or sanctions to be taken, where necessary, in regard to registered practitioners;
(b) a Standards and Criteria Committee, which shall be responsible for periodically reviewing the adequacy, validity and relevance of the standards, criteria and procedures applied by the Disciplinary and Professional Development Committees and making recommendations to the Board on -
(i) possible amendments to the required criteria for certification,
(ii) amendments to criteria applied in the internal process of assessing the competence of certified practitioners,
(iii) amendments to the Code of Conduct,
(iv) amendments to the procedures followed by the Disciplinary and Professional Development Committees,
(v) annual subscription fees, registration fees and tariff of professional fees, and
(vi) review of accredited tertiary institutions; or
(c) A Professional Development Committee, which shall be responsible for creating an enabling environment for professional development and mentoring of registered practitioners and responsible for assessing the Professional Development reports of applicants for re-registration and making recommendations to the Board on -
(i) the adequacy of the Continuing Professional Development Reports of applicants for maintaining registration,
(ii) improvements that could be made to the criteria, standards and procedures applied in the registration and re-registration processes.
(3) The Board may delegate any of its powers, functions or duties to a committee appointed under this section.
30. Election of Chairperson and Vice Chairperson
(1) At the first meeting of the Board, the members shall elect, from among their number -
(a) Chairperson; and
(b) a Vice Chairperson,
who shall hold office for such period, being not less than 12 months, as the Board may from time to time determine unless he or she ceases to be a member.
(2) On the expiry of the term of office of the Chairperson or Vice Chairperson or where the Chairperson or Vice Chairperson vacates his or her office as such, a new Chairperson or Vice Chairperson shall be elected by the members from among their number at the next meeting of the Board or as soon thereafter as may be convenient.
(3) The Chairperson or Vice Chairperson may vacate his or her office as such even though he or she remains a member.
(4) The Vice Chairperson shall, whenever the Chairperson is absent or unable to carry out his or her functions, exercise the functions of the Chairperson during the period that the Chairperson is absent or unable to act as Chairperson.
(1) Subject to the provisions of this Act, the Board shall regulate its own proceedings.
(2) The Board shall hold its first meeting on such date and at such place as the Minister may fix and thereafter the Board shall meet at least three times in a year for the transaction of business.
(3) Upon giving notice in writing of not less than 14 days, a meeting of the Board may be called by the Chairperson and shall be called if not less than one half of the members so request in writing.
(4) Where the urgency of any particular matter does not permit the giving of notice in accordance with subsection (3), a special meeting may be called upon giving a shorter notice.
(5) The quorum at any meeting of the Board shall be one half of the members.
(6) There shall preside, at any meeting of the Board -
(a) the Chairperson;
(b) in the absence of the Chairperson, the Vice Chairperson; or
(c) in the absence of the Chairperson and Vice Chairperson, such member as the members present may elect from among their number for the purposes of the meeting.
(7) A decision of the Board on any question shall be by a majority of the members present and voting at the meeting and, in the event of an equality of votes, the person presiding shall have a casting vote in addition to that person's deliberative vote.
(8) The Board may invite any person whose presence it considers necessary, to attend and participate in the deliberations of a meeting of the Board, but such person shall have no vote.
(9) A member of the Board or person assisting the Board under subsection (8) shall be paid out of the funds of the Board, such remuneration and allowances, if any, as the Board may determine.
32. Meetings of committees of Board
(1) The Chairperson or a Chairperson of a committee may at any time convene a meeting of the committee.
(2) At any meeting of a committee the majority of members of the committee or such other number as may be fixed by the Board in any particular case shall form a quorum.
(3) A member of a committee shall be paid out of the funds of the Board, such remuneration and allowances, if any, as the Board may determine.
(4) Any reference in this Act to the Board or to the Chairperson of the Board in relation to the exercise of any power which the Board has assigned to a committee shall be construed as including a reference to that committee or to the Chairperson of that committee as the case may be.
(1) Where a member of the Board or any committee is present at a meeting of the Board or any committee, at which meeting a matter which is the subject of consideration is one in which he or she is directly or indirectly interested in a private capacity, the member of the Board or any committee shall, as soon as practicable after the commencement of the meeting, disclose such interest and shall not, unless the Board or committee otherwise directs, take part in any consideration or discussion of, or vote on any question affecting such matter.
(2) A disclosure of interest made in accordance with subsection (1) shall be recorded in the minutes of the meeting at which it is made.
(3) Where a member of the Board or any committee fails to disclose his or her interest in accordance with subsection (1) and a decision by the Board or committee is made benefiting such member, such decision shall be null and void.
(4) A member of the Board or any member of a committee who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding P2 000, or to imprisonment for a term not exceeding three months, or to both.
34. Validity of decisions and acts of Board
A decision or act of the Board done under the authority of the Board shall not be invalid by reason only of the fact that -
(a) the Board did not consist of the full number of members for which provision is made under section 22;
(b) the various members did not have the qualifications prescribed under section 22; or
(c) a disqualified person acted as a member of the Board.
(1) The Chairperson shall from time to time submit, to the Minister, reports with regard to matters relating to the activities of the Board which, in the opinion of the Board, should be brought to the notice of the Minister.
(2) The Board shall, when so requested by the Minister, furnish him or her with advice on matters in connection with the profession of practitioner or cognate matters and shall communicate, to the Minister, information acquired by it in the course of its duties on matters regarded by it as being of public importance.
