ARRANGEMENT OF SECTIONS
1. Short title
Establishment and functions of Botswana Geoscience Institute
3. Establishment of Institute
4. Functions of Institute
5. Seal of Institute
6. Board of Institute
7. Strategic and annual plans
8. Direction by Minister
9. Tenure of office
10. Disqualification, removal and resignation of members
11. Suspension of member
12. Vacation of office
13. Filling of vacancies
14. Remuneration and allowances
Meetings and proceedings of Board
15. Election of Vice Chairperson
16. Meetings of Board
17. Disclosure of interest by member
19. Committees of Board
20. Signification of documents
21. Co-opted members
Chief Executive Officer and other Staff of Institute
22. Chief Executive Officer
23. Duties of Chief Executive Officer
24. Secretary to Board
25. Appointment of staff
26. Funds of Institute
27. Provision of information
28. Financial year
31. Annual report
32. Pension and other funds
34. Power to enter premises for geosciences survey
35. Discoveries, inventions and improvements
37. Transitional arrangements
Act 29, 2014,
S.I. 82, 2015,
S.I. 109, 2015.
An Act to provide for the establishment of the Botswana Geoscience Institute for the purpose of undertaking research in the field of geosciences and providing specialised geoscientific services, empowering the Institute to be the custodian of geoscience information; promoting the search for, and exploration of any mineral in Botswana, to act as an advisory body in respect of geohazards and for matters incidental thereto.
[Date of Commencement: 1st July 2015 (Parts I to V and Ss 33 and 36); 1st December 2015 (Ss 34, 35 and 37)]
Preliminary (ss 1-2)
<TS:0.196528,NM,NO,0.39375,NM,NO,0.590278,NM,NO,0.7875,NM,NO,0.984028,NM,NO,1.18056,NM,NO,1.25,NM,NO,1.37778,NM,NO,1.575,NM,NO,1.77153,NM,NO,1.96875,NM,NO> This Act may be cited as the Botswana Geoscience Institute Act.
In this Act, unless the context otherwise requires-
“authorised officer” means a person authorised by the Minister to exercise powers conferred by section 34;
“Board” means the Board of the Institute established under section 6;
“Chairperson” means the Chairperson of the Board;
“Chief Executive Officer” means the Chief Executive Officer of the Institute appointed under section 22;
“discovery” means a technological or scientific discovery, including the discovery of a mineral deposit;
“geochemical survey” means a survey involving the chemical analysis of systematically collected samples of rock, soil, stream sediments, plants or water for mineral and groundwater exploration;
(a) a geological state or an incipient geological condition that has the potential to develop further into a situation leading to harm, damage or uncontrolled risk;
(b) phenomena that are related to geological and environmental conditions and involve long term and short term geological processes which range in magnitude from relatively small to large scale features and may affect the local and regional socio-economy; and
(c) areas characterised by potential life threatening geological condition in Botswana, including dolomite land, undermined areas, areas of potential slope stability problems and areas prone to potential severe seismicity and flood-line areas;
“geoscientific information” includes geotechnical information, exploration, mining, hydrogeology, geochemistry, geophysics, engineering geology, economic geology, geochronology, geomagnetism, geotechnical investigations, seismology, geohazards and environmental geology;
“geotechnical survey” means a ground survey to establish sub-surface conditions to obtain information on and analysis of the physical properties of soils, rocks and ground water levels;
“Institute” means the Botswana Geoscience Institute established under section 3;
“member” means a member of the Board;
“minerals permit area” has the meaning assigned to it under the Mines and Minerals Act;
“mining area” has the meaning assigned to it under the Mines and Minerals Act;
“prospecting licence” has the meaning assigned to it under the Mines and Minerals Act;
“retention area” has the meaning assigned to it under the Mines and Minerals Act;
“Secretary” means the Secretary to the Board, appointed under section 24; and
“senior staff’ means any employee of the Institute who holds a position which is designated as such by the Board.
Establishment and functions of Botswana Geoscience Institute (3-14)
(1) There is hereby established a body to be known as the Botswana Geoscience Institute.
(2) The Institute shall be a body corporate 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 Institute shall be responsible for research in the field of geosciences, providing specialised geoscientific services and promoting the search for, and exploration of any mineral in Botswana.
(2) Notwithstanding the generality of subsection (1), the Institute shall-
(a) advance the geoscientific knowledge of Botswana by geothematic survey, long term monitoring, effective data management and high quality applied research through-
(i) geoscience information updates including digitization and web delivery enabling of data,
(ii) rapid map revisions to geological mapping based on satellite imagery, interpretation of airborne geophysics, geochronology and anomaly ground truthing field base surveys,
(iii) systematic geochemical survey for mineral exploration and environmental baseline purposes,
(iv) national resource assessment and estimate of mineral resource, petroleum and gas potential,
(v) strategic aquifer mapping and underground modeling,
(vi) thematic mapping,
(vii) national geotechnical indicators in response to expanding towns and villages,
(viii) regional impacts of mining, including water extraction or kimberlitic dewatering,
(ix) seismicity risk reduction assessment, or
(x) geohazards related to extra-terrestrial events risk reduction assessment;
(b) undertake geoscientific research, related technological development and disseminate geoscientific research findings;
(c) compile and develop a comprehensive and integrated collection of knowledge and information of geology, geochemistry, geophysics, engineering geology, economic geology, geochronology, geotechnical investigations, seismology, geohazards, environmental geology and other related disciplines;
(d) act as an advisory body in respect of geohazards related to infrastructure and development;
(e) provide specialised geoscientific services;
(f) conduct geotechnical surveys;
(g) promote public understanding of geoscience;
(h) demonstrate the importance of geoscience to resource and environmental issues; and
(i) do all such things as appear to be necessary, desirable or expedient to carry out its functions.
(1) The seal of the Institute shall be such device as may be determined by the Board and shall be kept by the Chief Executive Officer.
(2) The affixing of the seal shall be authenticated by the signature of the Chief Executive Officer.
(3) In the absence of the Chief Executive Officer, the person performing the functions of the Chief Executive Officer shall authenticate the seal in his or her place.
(4) The Chief Executive Officer may, in writing, delegate to another employee his or her power to authenticate the seal.
(5) A document issued by the Institute and sealed with the seal of the Institute which seal is authenticated in the manner provided by this section shall be received and taken to be a true instrument without further proof unless the contrary is shown.
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