Geoscience Amendment Act 16 of 2010
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Government Gazette
REPUBLIC OF SOUTH AFRICA
Vol. 546 Cape Town 3 December 2010 No. 33837
THE PRESIDENCY No. 1155 3 December 2010
It is hereby notified that the President has assented to the following Act, which is hereby published for general information:–
No. 16 of 2010: Geoscience Amendment Act, 2010.
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GOVERNMENT GAZETTE. 3 DECEMBER 2010
GEOSCtENCE AMENDMENT ACT, 2010
GENERAL EXPLANATORY NOTE:
Words in bold type in square brackets indicate omissions from existing enactments.
Words underlined with a solid line indicate insertions in existing enactments.
(English text signed by the President.) (Assented to I December 2010.)
ACT To amend the Geoscience Act, 1993, so as to mandate the Council for Geoscience to he the custodians of geotechnical information, to be a national advisory authority in respect of geohazards related to infrastructure and development, and to undertake reconnaissance operations, prospecting research and other related activities in the mineral sector; and to provide for matters connected therewith,
B E IT ENACTED by the Parliament of the Republic of South Africa, asfollows:- Amendment of section 1 of Act 100 of 1993
L Section I of the Geoscience Act, 1993 (hereinafter referred to as the principal Act), is hereby amended- 5
(a) by the substitution for the definition of "chairman" of the following definition:
.. ['chairman'] 'chairperson' means the [chairman] chairperson of the [Management] Board appointed in terms of section 4;";
(b) by the insertion after fbe definition of "chairman" of the following 10 definition:
'Chief Executive Officer' means the person appointed in terms of section 18 as the Chief Executive Officer of the Council;";
(c) by the substitution for the definition of "discovery" of the following definition: 15
.. 'discovery' means a technological or scientific discovery, [but excluding] including a discovery of a mineral deposit;";
(d) by the insertion after the definition of "discovery" of the following definitions:
"'economic geology' means the study of the distribution, 20 formation, economics and application of earth materials for economic and industrial purposes; 'environmental geology' means geology applied to the solving of conflicts, minimizing possible adverse environmental degradation or maximizing possible advantageous conditions resulting from the usc of 25 the natural and modified environment;";
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(e) by the substitution for the definition of "Executive Management Commit- tee" of the following definition:
.. ['Executive Management Committee' means the Executive Man- agement Committee] 'Executive Committee' means the Executive Committee of the Board rcferred to in section 15;"; 5
(/) by the deletion of the definition of "executive officer"; (g) by the insertion after the definition of "executive officer" of the following
definitions: .. 'geochemistry' means the study of the chemical composition of the earth and terrestrial bodies, and the chemical processes and reactions that 10 govern the composition of rocks, water, and soils, and the cycles of mattcr and energy that transport the earth's chemical components in time and space, and their interaction with the hydrosphere and the atmo- sphere; 'geochronology' means the science of determining the absolute age of 15 rocks, fossils and sediments, by means of element decay within a certain degree of uncertainty inherent to the applied method; 'geohazards' rneans-- (a) a geological state or an incipient geological condition that has the
potential to develop further into a situation leading to harm, damage 20 or uncontrolled risk;
(h) phenomena that are related to geological and environmental conditions and involve long-term and short-term geological pro- cesses which range in magnitude from relatively small to large scale features and may affect the local and regional socio-economy; and 25
(c) areas characterized by potential life-threatening geological condi- tions in South Africa, including dolomite land, undermined areas, areas of potential slope stability problems and areas prone to potential severe seismicity and flood-line areas;
'geohydrology' means the study area of geology that deals with the 30 distribution, movement, extraction and quality of groundwater in the soil and rocks of the earth's crust; 'geohydrological aquifer systems' means the study area of geology that deals with the study of the structures and pathways that control the movement of groundwater in the soil and rocks of the earth's crust; 35 'geomagnetism' means the study of the earth's magnetic field and phenomena related thereto; 'geophysics' means the study of the earth by the quantitative observation of its physical properties; 'geoscientific information' includes geotechnical information, mining, 40 geohydrology, geochemistry, geophysics, engineering geology, eco- nomic geology, geochronology, palaeontology, geohydrological aquifer systems, geotechnical investigations, marine geology, geomagnetism, seismology, geohazards and environmental geology; 'geotechnical information' means information pertaining to the physi- 45 cal properties of rocks or soil with a view to designing earthworks and foundations for development of structures or for repair of distress to earthworks and structures caused by subsurface conditions; 'geotechnical investigations' means physical investigations pertaining to the physical properties of rocks or soil with a view to designing 50 earthworks and foundations for development of structures or for repair of distress to earthworks and structures caused by subsurface conditions;";
(h) by the substitution for the definition of "Management Board" of the following definition:
.. '[Management] Board' means the [Management] non-executive 55 Board referred to in section 4;";
(i) by the substitution for the definition of "mineral" of the following definition: .. 'mineral' means a mineral as defined in section 1 of the [Minerals Act, 1991 (Act No. 50 of 1991)] Minerals and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002);"; 60
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(j) by the substitution for the definition of "Minister" of the following definition:
.. 'Minister' means the Minister of Mineral [and Energy Affairs] Resources~" ;
(k) by the substitution for the definition of "prospecting" of the following 5 definition:
.. 'prospecting' means prospecting as defined in section I of the [Minerals Act, 1991 (Act No. 50 of 1991)] Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002);".
(I) by the insertion after the definition of "prospecting" of the following 10 definitions:
.. 'reconnaissance operation' means any operation carried out for or in connection with the search for a mineral by geological, geophysical and photogeological surveys and includes any remote sensing techniques, but does not include any prospecting operation; 15 'seismology' is the study of earthquakes and seismic waves that move through and around the earth.".
Snbstitution of section 3 of Act 100 of 1993
2. The following section is hereby substituted for section 3 of the principal Act:
"Objects of Council
3. The objects of the Council are to-
20
(a) promote the search for. and exploitation of, any mineral in the Republic;
(b) undertake research in the field of geoscience; (c) act as a national advisory authority in respect of- 25
(i) geohazards related to infrastructure and development; and (ii) geo-environmental pollution brought about by mineral exploi-
tation and by other activities; and (d) provide specialized geoscientific services." .
Substitution of section 4 of Act 100 of 1993
3. The following section is hereby substituted for section 4 of the principal Act:
"[Management) Board
30
4. (I) With a view to the achievement of the objects of the Council its affairs shall be managed by a [Management) Board, which shall. subject to the provisions of this Act. determine the policy and goals of the Council and 35 exercise control over the performance of the functions of the Council.
(2) The [Management] Board shall consist of- (a) the [ebainnan] chairperson. who shall be appointed by the Minister; (b) at least [eight) nine but not more than [ten) 13 other members
appointed by the Minister [, of whom-] as folloWS: 40 (i) [one shaD be) an official of the Department of Mineral [and
Energy Affairs] Resources nominated by the Director-Gen- eral: Mineral [and Energy Affairs] Resources;
(ii) [one shall he] an official of the Department of[Environment] Water and Environmental Affairs nominated by the Director- 45 General: [Environment] Water and Environmental Affairs;
(iii) [one shall be] an official of the Department of [Regional and Land Alfairs) Rural Development and Land Reform nomi- nated by the Director-General: [Regional and Land AlTairs] Rural Development and Land Reform; 50
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(iv) [one shall be an official of the Department of Water Affairs and Forestry nominated by the Director-General: Water Affairs and Forestry;] an official of the Department of Human Settlements nominated by the Director-General: Hu- man Settlements; 5
(v) [one shall be] a person who is involved in the mining industry [and was nominated by tbe Chamber of Mines];
(vi) one shall be a person wbo is involved in geoscientific education or training and was nominated by the Geological Society of South Africa;] 10
(vii) [one shall be] a person who is involved in commerce; [and (viii) one shall be a person with knowledge or experience of
mineral activities who is involved in indnstrial develop- ment and was nominated by the Industrial Development Corporation; and] 15
(ix) an official of the Department of Science and Technology nominated by the Director-General: Science and Technology;
(x) two persons with appropriate experience, expertise or skills to enhance the Board's capability in performing its functions effectively; and 20
(xi) an official of the National Treasury nominated by the Director General: National Treasury; and
(c) the [executive officer] Chief Executive Officer, who shall serve ex officio as a member of the [Management] Board,
[(3) After tbe expiry of tbe term of office of the first chairman tbe 25 Minister shall appoint the chairman after consultation with the other members of the Management Board.]
(4) The Minister may, whenever he or she deems it necessary or expedient, subject to the provisions of subsection (1), appoint an alternate member for any member of the [Management] Board, 30
(5) The members or alternate members of the [Management] Board shall be persons who--- (a) have special knowledge of or experience in any aspect of the Council's
functions; or (b) by virtue of the offices occupied by them are able to make a 35
contribution to the achievement of the objects of the Council." ,
Substitution of section 5 of Act 100 of 1993
4. The following section is hereby substitutcd for section 5 of the principal Act:
"Functions of Council
5. (I) For the purpose of achieving its objects, the Council may perform 40 the following functions: (a) Undertake geoscientific research and related technological develop-
ment~
(b) compile and develop a comprehensive and integrated collection of knowledge and information of geology, geochemistry, geophysics, 45 engineering geology, economic geology, geochronology. palaeontol- ogy, geohydrological aquifer systems, geotechnical investigations, marine geology [and], geomagnetism I;], seismology, geohazards, environmental geology and other related disciplines;
(bA) promote the search for, and the exploitation of, any minerals in the 50 Republic;
(bB) bring to the notice of the Minister any information in relation to the prospecting for and mining of mineral resources which is likely to be of use or benefit to the Republic;
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(e) serve as the national custodian of geotechnical information, prospect- ing information and all other geoscicntific information relating to the earth, the marine environment and geomagnetic space, all of which shall be lodged with the Council;
(d) study [mineral resources) the- 5 ill-distribution and natureofmineral resources; and (ii) geo-environmental aspects of past, current and future mineral
exploitation; (e) study the use of the surface and the subsurface of land and the seabed,
and from a geoscientific viewpoint advise government institutions and 10 the general public on the jUdicious and safe use thereof with a view to facilitate sustainable development;
(eA) review and evaluate all geotechnical report' in respect of geohazards that may affect infrastructure and development at prescribed tarill's;
(f) develop and maintain the National Geoscientific Library, the National 15 Geoscientific Information Centre, the National Borehole Core Deposi- tory, the National Geophysical and Geochemical Test Sites, [and) the [Geological Museum as part of the Transvaal Museum] National Geoscience Museum, the National Seismological Network and the National Geoscience Analytical Facility; 20
(g) conduct investigations and render prescribed specialized services to public and private institutions;
(h) [(ill undertake- ill research of its own accord; [or) (ii) [undertake] research on behalf of the State or any other 25
government institution, or on behalf of any person or institution, or support such rescarch financially; [and] or
(iii) any reconnaissance operation, prospecting and other related activities with a view to attracting investment to the mineral resource sector; and 30
(i) do anything that is necessary for or conducive to the achievement of the said objects.
(2) In order to promote relevant research and to support its objects the Council may- (a) make grants to universities, [technikons,] colleges and other educa- 35
tional and scientific institutions in aid of research by their staff or for the establishment of facilities for such research;
(bi undertake joint research projects with government departments [of State], universities, [technikons,l colleges, other educational and scientific institutions and other persons; 40
(c) co-operate with educational authorities and scientitic or technical societies for the promotion of the education and training of research- ers, technical experts and other supporting personnel in schools, [technikons,l colleges and universities;
(d) grant study bursaries and loans to researchers, and make monetary 45 contributions for research programmes in support of its own [man- power) human resource development requirements; [and]
(e) co-operate with persons and institutions undertaking research in other countries by the exchange of geoscientific knowledge and information by means of international meetings and research projects[.); and 50
(f) serve as the national advisory authority to various local, provincial and national authorities in respect of
(i) geohazards that may affect infra\tructure and development; and
(ii) geo-environmental pollution brought about by mineral exploi- 55 tation and by other activities through the production of geoscientific and geological information.
(3) In order to perform the functions and achieve the objccts of the Council, the [executive officer) Chief Executive Officer may-
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(a) on behalf of the Council conclude agreements with any person or institutioo or, subject to the provisions of section 8, with any government or administration, on the conditions upon which the [Management] Board and that person, institution, government or administration may agree; 5
(b) act as the official representative of the Council at all national and international organisations and meetings;
(c) defend legal proceedings instituted against the Council and institute legal proceedings connected with its functions;
(d) with the approval of the Minister, granted with the concurrence of the 10 Minister of [State Expenditure] Finance, for or on behalf of the Council purchase or otherwise acquire or possess or hire immovable property, and alienate, let, pledge or otherwise encumber such property;
(e) with the approval of the Minister, granted with the concurrence of the 15 Minister of Finance, raise money by way of loans on such terms and conditions and against such security as the [Management] Board may deem expedient;
(/J hire or let services against payment; (g) produce and sell reports, maps, computer programs and other 20
intellectual property which the Council generates in the course of its research;
(h) do everything that is conducive to the performance of the functions or the achievement of the objects of the Councilor is calculated, directly or indirectly, to enhance the value of or render profitable the property 25 or rights of the Council.
(4) The Council shall, in addition to its other functions in terms of this Act or any other law- (a) perform such functions and undertake such investigations or research
as the Minister may assign to it; and 30 (b) advise the Minister on research in the field of geoscience,
(5) The functions of the Council mentioned in this section shall be performed by the [executive officer] Chief Executive Officer, except in so far as they have been assigned by this Act or by the Minister to any other person." . 35
Amendment of section 6 of Act 100 of 1993
5. Section 6 of the principal Act is hereby amended- (a) by the substitution for subsection (1) of the following subsection;
"(1) Notwithstanding the provisions of any other law, the Council shall have the right to [inspect] analyze and verify any information of the 40 Department of Mineral [and Energy Affairs] Resources which the Minister, or an officer of the said Department designated by the Minister, may approve on such conditions as the Minister or the said officer may determine."; and
(b) by the addition after subsection (2) of the following subsection: 45 "(3) All geotechnical reports pertaining to infrastructure and develop-
ment shall be submitted to the Council in the prescribed manner.".
Amendment of section 7 of Act 100 of 1993
6. Section 7 of the principal Act is hereby amended- (a) by the substitution for the heading of the following heading: 50
"Prohibition on mining development and certain [prospecting and] research by Council"; and
(b) by the substitution for paragraph (a) of the following paragraph: "(a) undertake any mining development [or undertake prospecting
specifically with a view to mining development] for itself; and". 55
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Amendment of section 8 of Act 100 of 1993
7, Section 8 of the principal Act is hereby amended- (a) by the substitution for subsection (1) of the following subsection:
"( I) The Council may at the request of [or with the prior approval of] the Minister or for the purposes of furthering its objects undertake 5 geoscientific research and perform generic geological functions in any country or territory outside the Republic on behalf of any person, institution, government or administration.";
(h) by the substitution for subsection (3) of the following subsection: "(3) Notwithstanding anything to the contrary contained in this Act, 10
geoscientific research and the performance of generic geological functions under subsection (I) shall be undertaken on such terms and conditions as may be agreed upon between the [Management Board] Council and the person, institution, government or administration on whose behalf the research and the performance of functions are to be IS undertaken [, and as approved by the Minister],"; and
(c) by the addition after subsection (4) of the following subsection: "(5) The Board shall report to the Minister on the activities
contemplated in subsection (I),",
Insertion of sections 8A and 8B in Act 100 of 1993
8, The following sections are hereby inserted after section 8 of the principal Act:
"Appointment of geotechnical appeal committee
20
8A, The Board shall, in consultation with the Minister, appoint a geotechnical appeal committee comprising geotechnical, legal and other relevant experts, 25
Internal appeal process
8B. (I) Any person who is aggrieved by an administrative decision taken in terms of this Act may, within 30 days of becoming aware of such decision, lodge with the Chief Executive Officer of the Council an appeal in writing in which he or she sets out in detail the grounds on which his or her 30 appeal is based,
(2) The Chief Executive Officer shall communicate decisions of the appeal committee within a period of 60 days from the date of lodging an appeal.
(3) Subject to section 7(2)(c) of the Promotion of Administrative Justice 35 Act, 2000 (Act No, 3 of 2000), no court shall review an administrative decision contemplated in subsection (l) unless the remedy provided for in that subsection has first been exhausted.
(4) Sections 6, 7( I) and 8 of the Promotion of Administrative Justice Act, 2000, apply to any court proceedings contemplated in this section.". 40
SUbstitution of section 9 of Act 100 of 1993
9. The following section is hereby substituted for section 9 of the principal Act:
"Period of office and conditions of service of members of [Manage- ment] Board, and filling of vacancies
9. (I) A member or an alternate member of the [Management) Board, 45 except the [executive officer) Chief Executive Officer, shall hold office for such period, but not exceeding three years, as the Minister may determine at the time of his or her appointment.
(2) Any person whose term of office as a member or an alternate member of the [Management] Board has expired[,) shall be eligible for re- 50 appointment.
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(3) If a member or an alternate member of the [Management] Board for any reason vacates his or her office, the Minister may appoint a person to act in the place of such member or alternate member for the unexpired period of his or her term of office.
[(4) The Minister may at any time terminate the period of office of a 5 member or alternate member of the Management Board if such member is unable to perform his duties or is guilty of misconduct.]
(5) With the exception of the [executive officer] Chief Executive Officer or a member or an alternate member who is in the full-time employment of the State or the Council, the members or alternate members of the 10 [Management] Board shall be appointed on such conditions, including conditions relating to the payment of remuneration and allowances, as the Minister may determine with the concurrence of the Minister of [State Expenditure] Finance.".
Substitution of section 10 of Act 100 of 1993
10. Tbe following section is hereby substituted for section 10 of the principal Act:
"[Chairman] Cbairperson and [vice-chairman] deputy chairperson of [Management] Board
15
10. (I) The Minister shall appoint a member of the [Management] Board as [vice-chairman] deputy chairperson to act as [chairman] 20 chairperson whenever the [chairman] chairperson is unable to perform his or her functions as [chairman] chairperson.
(2) The [chairman or vice-chairman] chairperson or deputy chairper- son, or in their absence a member of the [Management] Board elected by the members present, shall preside at a meeting of the [Management] 25 Board.
(3) The provisions of this Act shall not prohibit the [executive officer] Chief Executive Officer from being appointed by the Minister as [chairman] chairperson of the [Management] Board for such period as the Minister may determine.". 30
Substitution of section 11 of Act 100 of 1993
n. The following section is hereby substituted for section II of the principal Act:
"Limitation of powers of [Management] Board and [executive officer] Chief Executive Officer
n. (1) The Minister may from time to time reserve any matter provided 35 for in this Act, as a matter in respect of which a decision of the [Management] Board or the [executive offieer] Chief Executive Officer shall be subject to the approval of the Minister.
(2) The Minister and the Minister of Finance [or the Minister and the Minister of State Expenditure as may be required,] may from time to 40 time jointly reserve any financial matter provided for in this Act, as a matter in respect of which a decision of the [Management] Board or the [executive officer] Chief Executive Officer shall be subject to the consent of the Minister with the concurrence of the Minister of Finance [or the Minister of State Expenditure, as the case may be).". 45
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Amendment of section 12 of Act 100 of 1993
12. Section 12 of the principal Act is hereby amended- (a) by the substitution in paragraph (d) for subparagraphs (i) and (ii) of the
following subparagraphs: "(i) is in terms of the provisions of the [Electoral Act, 1979 (Act No. 45 of 5
1979)) Electoral Act, 1998 (Act No. 73 of 1998), nominated as a candidate for election as a member of Parliament; or
(ii) is in terms of the [Republic of South Africa Constitution Act, 1983 (Act No. no of 1983)] Constitution of the Republic of South Africa, 1996, designated or appointed as a member of Parliament or any other 10 legislative or executive authority of the State.".
Amendment of section 13 of Act 100 of 1993
13. Section 13 of the principal Act is hereby amended- (a) by the substitution for the words preceding paragraph (a) of the following
words: 15 "ill A member or an alternate member of the [Management] Board,
except the [executive oOicer] Chief Executi ve Officer, shall vacate his or her office if-";
(b) by the substitution for paragraph (c) of the following paragraph: "(e) (i) in the case of a member, he or she has been absent from more than 20
two consecutive meetings of the [Management] Board without the leave of the [chairman] chairperson; [or]
(ii) in the case of the [chairman] chaitperson, he or she has been so absent without the leave of the [Management] Board; or
(iii) in the case of an alternate member, he or she has without any 25 reason acceptable to the [chairman] chaitperson been so absent during the absence, or a vacancy in the office, of the member in whose stead he or she was appointed as a member or an alternate member,
unless the [Management] Board condones his or her absence on good 30 cause shown;";
(e) by the deletion of paragraph (d); (d) by the substitution for paragraph (e) of the following paragraph:
"(e) he or she ceases to hold the qualification by virtue of which he or she was appointed as a member or an alternate member of the 35 [Management] Board; or;" and
(e) by the addition after paragraph (f) of the following subsections: "(2) The Minister may at any time terminate the period of office of a
member of the Board if such member is unable to perform his or her duties or is guilty of misconduct as contemplated in section 12. 40
(3) The Minister may on good cause shown dissolve the Board and appoint a new Board within 30 days in accordance with section 4.".
Repeal of section 14 of Act 100 of 1993
14, Section 14 of the principal Act is hereby repealed.
SUbstitution of section 15 of Act 100 of 1993
15. The following section is hereby substituted for section 15 of the principal Act:
"[Executive Management] Board Committee
45
15. (I) The [Management] Board may [nominate an executive management committee] establish a Committee, which shall, subject to the directions of the [Management] Board, during the periods between 50 meetings of the [Management] Board perform such functions of the [Management] Board as the [Management] Board may determine from time to time.
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(2) The [Executive Mauagemeut) Committee shall not be competent, except in so far as the [Management] Board may otherwise direct, to set aside or vary a decision of the [Management) Board.
(3) The [Executive Management) Committee shall consist of the [executive officer and the chairman) chairperson and [the vice-chair- 5 mau) deputy chairperson of the [Management) Board, and as many, but not fewer than two, other members of the [Management) Board as the [Management) Board may determine.
(4) The [chairmau) chairperson or in his or her absence the [vice- chairman) deputy chairperson of the [Management) Board shall be the to [chairman) chairperson of the [Executive Management) Committee.
(5) The provisions of section 17 (3) and (4) shall mutatis mutandis apply in respect of meetings of the [Executive Management) Committee.
(6) The [Management) Board shall not be discharged from responsibil- ity for the performance of any function entrusted to the [Executive 15 Management] Committee in terms of this section.
(7) The [Management) Board may vary or set aside any decision of Ihe [Executive Management) Committee [, except a decision in conse- quence of which a payment has heen made or any other right has heen granted to any person).". 20
Repeal of section 16 of Act 100 of 1993
16. Section 16 of the principal Act is hereby repealed.
Substitution of section 17 of Act 100 of 1993
17. The following section is hereby substituted for section 17 of the principal Act:
"Meetings of [Management) Board 25
17. (I) The meetings of the [Management] Board shall be held at such times and places as the [Management] Board may determine: Provided that the first meeting shall be held at such time and place as the [chairmau) chairperson may detennine.
(2) The [chairman] chairperson, or in his or her absence the [vice- 30 chairman) deputy chairperson, may at any time in his or her discretion call a special meeting of the [Managemeut) Board, which shall be held at such time and place as the [chairman or the vice-chairman] chairperson or the deputy chairperson. as the case may be. may direct.
(3) The quorum for a meeting of the [Management) Board shall be a 35 majority of its members.
(4) A decision of the [Management] Board shall be taken by resolution of a majority of the members present at any meeting of the [Management) Board and, in the event of an equality of votes on any matter, the person presiding at such meeting shall have a casting vote in addition to his or her 40 deliberative vote as a member of the [Management) Board. -~
(5) No decision taken by or act performed under the authority of the [Management) Board shall be invalid by reason only of a casual vacancy on the [Management] Board or of the fact that a person who was not entitled to sit as a member of the [Management] Board, sat as a member at 45 the time when the decision was taken or that act was authorized, if the decision was taken or the act was authorized by the requisite majority of the members of the [Management] Board who were present at the time and entitled to sit as members.
(6) For the purposes of this section "member" shall include an alternate 50 member present at a particular meeting of the [Management) Board during
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the absence, or a vacancy in the office, of the member for whom he or she has been appointed.
(7) The [Management] Board may with the approval of the Minister accord observer status at any meeting of the [Management] Board to designated representatives of any person, institution, government or 5 administration on whose behalf the Council is doing or has done geoscientific research or is perfonning or has perfonned generic geological functions in terms of section 8.".
Substitution of section 18 of Act 100 of 1993
18. The following section is hereby substituted for section 18 of the principal Act: 10
"[Executive officer] Chief Executive Officer of Council
18, (1) (a) The [Management] Board shall with the concurrence of the Minister appoint [an employee of the Council as execntive officer] !! Chief Executive Officer of the Council.
(hJ The [executive officer] Chief Executive Officer of the Council shall IS hold office for a period not exceeding five years, but shall be eligible for fe-appointment.
(2) The [executive officer] Chief Executive Officer shall be responsible for the management and the perfocruance of the functions of the Council by virtue of this Act and such functions as may be assigned to him or her by the 20 [Management Council] Board or the Miuister in tecrus of the provisions of this Act or by the provisions of this Act or any other law, and shall report on such matters as the [Management] Board or the Minister may detecruine.
(3) The [executive officer] Chief Executive Officer shall perfocru his or her functions contemplated in subsection (2) in accordance with the policy 25 and goals determined by the [Management] Board and subject to the control of the said Board.
(4) Whenever the [executive officer] Chief Executive Officer is unable to carry out his or her duties or perfocru his or her functions for any reason, or whenever there is a vacancy in the office of [executive officer] Chief 30 Executive Officer, the [Management] Board, after consulting the Minister, may appoint a person [designate an employee of the Council] to act as [executive officer] Chief Executive Officer during such inability, or until [an executive officer] a Chief Executive Officer has been appointed in tecrus of subsection (1), and that [employee] person shall, while so acting, 35 have all the powers and perfocru all the functions of the [executive officer] Chief Executive Officer.
(5) The [executive officer] Chief Executive Officer shall be appointed on such conditions, including conditions relating to the payment of remunera- tion, allowances, subsidies and other benefits, as the [Mauagement] Board 40 may detennine in accordance with a system approved from time to time by the Minister with the concurrence of the Minister of [State Expenditure] Finance. " .
Amendment of section 19 of Act 100 of 1993
19, Section 19 of the principal Act is hereby amended by the substitution in subsection 45 (2) for paragraph (aJ of the following paragraph:
"(aJ in addition to the employees referred to in subsection (l)(aJ, be assisted in the performance of his or her functions by officers and employees in the employment of the State who have been placed at the disposal of the Council in tecrus of the provisions of section 15(3)(aJ of the Public Service Act, [1984 50 (Act No. 111 of 1984)] 1994 (Proclamation No. 103 of 1994).".
24 No. 33837
Act No. 16 of ZOIO
GOVERNMENT GAZETTE, 3 DECEMBER 2010
GEOSCIENCE AMENDMENT ACT. 2010
Amendment of section 20 of Act 100 of 1993
20. Section 20 of the principal Act is hereby amendcd- (a) by the substitution for subsection (2) of the following subsection:
"(2) (a) The [executive officer) Chief Executive Officer shall utilize the funds of the Council for defraying expenses in conncction with the 5 perlormance of its functions.
(b) The [executive officer) Chief Executivc Officer shall utilize any money contemplated in subsection (1)(a) in accordance with the approved statement of its estimated income and expenditure referred to in subsection (6): Provided that, subject to the provisions of paragraph 10 (a), the [executive officer) Chief Executive Officer may with the approval of the [Management) Board, granted with the concurrence of the Minister, utilize any amount or portion of any amount required to be utilized for a particular purpose in connection with that mailer: Provided further that the [executive officer) Chief Executive Officer may, with the 15 approval of the [Management) Board, granted with the concurrence of the Minister, utilize any balance of the money remaining at the end of the Council's financial year in question for any expenses in connection with the perlormance of its functions.
(c) The [executive officer] Chief Executive Officer shall utilize any 20 donations or contributions contemplated in subsection (1)(e) for such purposes and in accordance with such conditions, if any, as may be specified by the donor or contributor in question.";
(b) by the substitution for subsection (3) of the following subsection: "(3) The [executive officer) Chief Executive Officer may in respect of 25
any work performed or services rendered by him or her under this Act, or for the use of the facilities of the Council or rights resulting from any discoveries, inventions or improvements made by employees of the Council, charge such fees or make such other financial arrangements a~ the [Management) Board may deem fit.": 30
(c) by the substitution for subsection (4) of the following subsection: "(4) The [executive officer] Chief Executive Officer shall open an
account in the name of the Council with an institution registered as a bank in terms of the [Deposit-taking Institutions Act] Banks Act, 1990 (Act No. 94 of 1990), and shall deposit therein all money received in 35 terms of this section.";
(d) by the substitution for subsection (5) of the following subsection: "(5) (a) The [executive officer) Chief Executive Officer may invest
any unexpended portion of the Council's funds with the Corporation for Public Deposits established by section 2 of the Corporation for Public 40 Deposits Act, 1984 (Act No. 46 of 1984), or, subject to the approval of the Minister acting with the concurrence of the Minister of [State Expenditure] Finance, dispose thereof in any other manner.
(b) The [Management) Board may with the approval of the Minister, granted with the concurrence of the Minister of [State of Expenditure] 45 Finance, establish such reserve funds and deposit therein such amounts as it may deem necessary or expedient."; and
(e) by the substitution in subsection (6) for paragraph (a) of the following paragraph:
"(a) The [Management) Board- 50 (i) shall in each financial year, at a time dctcrmined by the
Minister, submit a statement of the Council's estimated income and expenditure during the following financial year;
(ii) may at any stage in any financial year submit supplementary statements of the Council's estimated expenditure for that 55 financial year,
to the Minister for his or her approval. granted with the concurrence of the Minister of [State Expenditure] Finance.".
26 No. 33837
Act No, 16 of 2010
GOVERNMENT GAZETTE, 3 DECEMBER 2010
GEOSCIENCE AMENDMENT ACT. 2010
Amendment of section 21 of Act 100 of 1993
21. Section 21 of the principal Act is hereby amended- (a) by the substitution for subsections (1) and (2) of the following subsections:
"(I) The [executive offieer) Chief Executive Officer shall be the accounting officer charged with the responsibility of accounting for all 5 money received and all payments made by the Council.
(2) The accounting officer and the [Management) Board shall comply with the provisions of the [Reporting by Public Entities Act, 1992 (Act No, 93 of 1992)] Public Finance Management Act, 1999 (Act No.1 of 1999).... 10
Amendment of section 22 of Act 100 of 1993
22, Section 22 of the principal Act is hereby amended- (a) by the substitution for subsection (2) of the following subsection:
"(2) If a person who is in the employment of the Council and who has in terms of subsection (I) been ordered to pay an anaount, fails to pay 15 such amount within the period stipulated in the notice in question, the amount may, subject to the provisions of subsections (4), (5) and (6), be deducted from his or her monthly salary: Provided that such deduction shall not in any month exceed a fourth of his or her monthly salary.";
(b) by the substitution for subsection (5) of the following subsection: 20 "(5) A person who has in terms of subsection (I) been ordered to pay
an anaount, may within a period of 30 days from the date of such order appeal in writing against such order to the [Management) Board, stating the grounds for his or her appeal, and the [Management) Board may, after such investigation as it may deem necessary, dismiss the appeal, or 25 order that the appellant be exempted, either wholly or partly, as the [Management] Board may deem fair and reasonable, from the payment of such amount."; and
(e) by the substitution for subsection (6) of the following subsection: "(6) A person who has in terms of subsection (I) been ordered to pay 30
an anaount may, instead of appealing to the [Management] Board under subsection (5), apply within a period of 30 days from the date of such order, or within such further period as the court may allow, to a competent court for an order setting aside such first-mentioned order or reducing such amount, and the court may upon such an application, if it 35 is not convinced by the accounting officer on the merits of the case that the order was rightly made or that the amount is correct, make an order setting aside such first-mentioned order or reducing that anaount, as the case may be....
Substitution of section 23 of Act 100 of 1993
23, The following section is hereby substituted for section 23 of the principal Act:
"Delegation of powers and assignment of functions
40
23. (I) The [Management) Board may- (a) on such conditions as it may determine, in writing delegate to the
[ehairman) chairperson or any other member of the [Management) 45 Board, the [executive officer] Chief Executive Officer or any other employee of, or holder of an office with, the Councilor to a committee established under section IS [or 16], any power conferred upon the [Management) Board by or under this Act;
(b) in writing assign to the [chairman) chairperson or any other member 50 of the [Management] Board, the [executive officer) Chief Executive Officer or any other employee of, or holder of an office with, the
28 No. 33837
Act No. 16 of 2010
GOVERNMENT GAZETTE, 3 DECEMBER 2010
GEOSCIENCE AMENDMENT ACT, 2010
Councilor a committee established under section IS [or 16], any function assigned to the [Management] Board by or under this Act.
(2) The [executive officer] Chief Executive Officer may- (aj in writing delegate to an employee of, or the holder of an office with,
the Council any power conferred upon him or her by or under this Act 5 in his or her capacity as [executive officer] Chief Executive Officer; or
(b j in writing assign to such employee or holder of an office any function a>signed to him or her by or under this Act in the said capacity.
(3) Any delegation or assignment under subsection (I) or (2) may be made subject to such conditions and restrictions as may be determined by 10 the [Management] Board or by the [executive officer] Chief Executive Officer, as the case may be, and may be rescinded or amended by the [Management] Board or the [executive officer] Chief Executive Officer, as the case may be.
(4) The [Management] Board and the [executive officer] Chief IS Executive Officer shall not be divested of any power or function delegated or assigned under subsection (I) or (2) by [it or him] the Board or the Chief Executive Officer, and may [, subject to the provisions of subsection (5),] amend or withdraw any decision made in the exercise of such delegated power or in the performance of a function so assigned. 20
[(5) A decision made in the exercise of a power so delegated and in consequence of which a payment has been made or any right has been conferred upon any person, shall not be amended or withdrawn.]
(6) Where a power or function is delegated or assigned under subsection (I) or (2) to the holder of an office, such power or function shall be deemed 25 to have been delegated or assigned to the serving holder of such office or to any person acting in his or her stead.
(7) The Minister may~a directive to authorize Council officials to enter any land within the borders of the Republic of South Africa in order to execute the Council's mandate, save where there is prohibition under any 30 other law.
(8) The Council official referred to in subsection (7) must, before entering the land in question notify and consult with the land owner or lawful occupier of the land.".
Amendment of section 24 of Act 100 of 1993 35
24. Section 24 of the principal Act is hereby amended- (aj by the substitution for subsections (2), (3), (4), (5), and (6) of the following
subsections: "(2) The [Management] Board may make the discoveries, inventions
and improvements referred to in subsection (I) and the rights which are 40 vested in the Council available for use in the public interest subject to such conditions and the payment of such fees or royalties as the [Management] Board may determine.
(3) If the rights in any discovery, invention or improvement are vested in the Council in terms of subsection (I), the [Management] Board may 45 award to the person responsible for the discovery, invention or improvement such bonus as it deems fit and make provision for financial participation by him or her in the profits derived from such discovery, invention or improvement to such ex.tent as the Minister may determine with the concurrence of the Minister of [State Expenditure] Finance. 50
(4) The [Management] Board may on behalf of the Council apply for a patent in respect of any discovery, invention or improvement contemplated in subsection (I) and the Council shall for the purposes of the Patents Act, 1978 (Act No. 57 of 1978), be regarded as the assignee of the discoverer or inventor in question. 55
30 No. 33837 GOVERNMENT GAZETTE, 3 DECEMBER 2010
(5) The rights in a discovery, invention or improvement made by the employees of the Council in the course of an investigation for or on behalf of another person, government or administration shall vest in the Council, unless otherwise agreed upon between the [Management] Board and the person, government or administration concerned. 5 (6) The provisions of this section shall not apply in respect of a discovery or an invention or improvement contemplated in subsection (1) if, in the opinion of the [Management] Board, such discovery, invention or improvement was made by the person concerned otherwise than—
(a) in the course of his or her employment as an employee of the Council; 10 (b) during the performance of functions in respect of which he or she has
been placed at the disposal of the Council in terms of section 19(2); (c) in the course of any investigation or research with which he or she
assisted the Council; or (d) in the course of any research in respect of which he or she receives a 15
bursary or grant-in-aid from the Council, and which is not connected with such employment, investigation or research.".
Amendment of section 25 of Act 100 of 1993
25. Section 25 of the principal Act is hereby amended— 20 (a) by the substitution for the words preceding paragraph (a) in subsection (1) of
the following words: "(1) The Minister may, after consultation with the [Management]
Board, make regulations as t o—"; and (b) by the substitution in subsection (1) for paragraph (c) of the following 25
paragraph: "(c) The procedure at meetings of the [Management] Board;".
Amendment of section 26 of Act 100 of 1993, as amended by section 1 of Act 11 of 2003
26. Section 26 of the principal Act is hereby amended— 30 (a) by the substitution in subsection (1) for paragraphs (b) and (c) of the following
paragraphs: "(b) which immediately prior to the commencement of this Act was being
utilised by the Geological Survey Branch of the Department of Mineral [and Energy Affairs] Resources; and 35
(c) which the Minister, with concurrence of the Minister of [State Expenditure] Finance, and where applicable, the Minister of Public Works, may designate,"; and
(b) by the substitution for subsection (5) of the following subsection: "(5) The Council may, with the approval of the Minister, granted with 40
the concurrence of the Minister of [State Expenditure] Finance and the Minister of public Works, alienate immovable property that has passed to the Council in terms of subsection (1).".
Short title and commencement
27. This Act is called the Geoscience Amendment Act, 2010, and comes into 45 operation on a date fixed by the President by proclamation in the Gazette.
Act No. 16 of 2010 GEOSCIENCE AMENDMENT ACT, 2010
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