1. The functions of the board shall be to advise the Minister generally or in respect of a particular matter, and make recommendations to him or her, in relation to -

1. the policy which is or may be followed in relation to the reconnaissance or prospecting for, and the mining and disposal of, and the exercise of control over, any mineral or group of minerals in Namibia, and the manner in which such policy is or may be implemented;
2. the amendment or application of the provisions of this Act;
3. any matter referred to the board by the Minister under subsection (2).

2. Where the Minister is required to exercise or perform any power, duty or function or to take any decision under or for the purposes of this Act, the Minister may, before doing so, request the board to advise him or her in relation to the exercise or performance of such power, duty or function or the taking of such decision.

1. The board shall consist of -

1. (a) the Minister or a person designated by him or her who shall be the chairperson of the board;
2. (b) two persons nominated by the Chamber of Mines of Namibia and appointed by the Minister of whom -

1. one shall represent the interests of persons involved in prospecting operations; and
2. one shall represent the interests of persons involved in mining operations;

3. two persons appointed by the Minister of whom -

1. one in the opinion of the Minister represents he intends of persons involved in small scale prospecting operations;
2. one in the opinion of the Minister represents the interests of persons involved in small scale mining operations;

4. one person appointed by the Minister who in the opinion of the Minister represents the interests of trade unions established in the interests of persons employed by holders of licences issued under this Act or holders of mining claims; and
5. two persons employed in the Ministry of Mines and Energy designated by the Minister.

2. For purposes of the constitution of the board in terms of subsection (1) or to fill any casual vacancies which may have occurred in the membership of the board, the Minister shall by notice in writing invite the Chamber of Mines of Namibia to make the required nominations within such period as may be determined by the Minister and specified in such notice.
3. If the Chamber of Mines of Namibia ceases to exist or fails to comply with any invitation referred to in subsection (2) within the period referred to in that subsection, the Minister may, with due regard to the provisions of subsection (1), appoint as a member of the board a person who in his or her opinion represents the interests of the persons referred to in paragraph (b)(i) or (ii), as the case may be.
4. The board may co-opt, with the concurrence of the Minister, on such conditions as may be determined in writing by the Minister -

1. not more than five persons of whom one each may be designated by -

1. the Minister of Finance;
2. the Minister of Wildlife, Conservation and Tourism;
3. the Minister of Fisheries and Marine Resources;
4. the Minister of Health and Social Services; and
5. the Minister of Agriculture, Water and Rural Development, 

2. one person designated by any such other Minister or by each one of such other Ministers as the Minister may, after consultation with such other Minister or Ministers, determine;
3. one or more other persons,

1. Subject to the provisions of section 13, a member of the board referred to in paragraph (b), (c) or (d) of subsection (1) of section 11 shall hold office for a period of three years, but may be re-appointed at the expiration of that period.
2. A member of the board who is not employed in the public service on a full-time basis shall be paid out of money, appropriated for such purpose by an Act of Parliament, such remuneration and allowances, if any, and in respect of a journey undertaken for purposes of the business of the board, such subsistence and travelling allowances as the Minister may, with the concurrence of the Minister of Finance, determine.
3. The remuneration and allowances determined under subsection (2) may differ according to the office on the board held by a member of the board concerned or the functions performed by him or her.

1. A member of the board shall vacate his or her omen if -

1. the estate of such member is sequestrated, or such member compromises with his or her creditors;
2. such member is according to the law detained as a mentally ill person;
3. such member is convicted of an offence and sentenced to imprisonment without the option of a fine;
4. such member, by writing under his or her hand adduced and delivered to the Permanent Secretary, resigns from his or her office as a member of the board;
5. such member has absented himself or herself from two consecutive meetings of the board without the leave of the chairperson of the board;
6. such person's nomination or designation, as the case may be, as a member of the board is withdrawn by notice in writing addressed and delivered to the Minister by the person who has nominated or designated him or her.

2. Any casual vacancy on the board caused by the death or vacation of office by any member of the board shall, with due regard to the provisions of section 11, be filled for the unexpired portion of the period of office of the member of the board who has died or vacated his or her office, as the case may be.

1. Subject to the provisions of subsection (2), a meeting of the board shall be held at such time and place as may be determined by the chairperson of the board.
2. The chairperson of the board shall, if he or she is not the Minister, at the request of the Minister or on a reasoned request in writing of at least four members of the board convene a special meeting of the board.
3. The majority of the members of the board shall form a quorum for a meeting of the board.
4. The chairperson of he board shall preside at all meetings of the board at which he or she is present.
5. When the chairperson of the board is absent from a meeting of the board the members of he board present shall elect a person from among their number to act as chairperson at that meeting, and while such member so acts he or she shall have all the powers and shall perform 11 the duties of the chairperson.
6. The decision of a majority of the members of the board present at the meeting of the board shall be a decision of the board: Provided that in the event of an equality of votes the person presiding at the meeting shall have a casting vote in addition to his or her deliberative vote.
7. The person presiding at a meeting of the board shall, if such person is not the Minister, cause -

1. any decision of the board and the reasons for such decision; and
2. upon the request of any member who has voted against such decision, his or her reasons for voting against such decision,

8. No decision taken by the board or act performed under the authority of the board shall be invalid by reason only of a vacancy on the board, or by reason only of the fact that any person who is not entitled to sit as a member of the board sat as a member of the board when the decision was taken or the act was authorized, if the decision was taken or the act was authorized by the requisite majority of the members of the board who were present at the time and entitled to sit as such members.
9. The board shall cause a record to be kept of the proceedings of the meetings of the board.
10. The board may make rules in relation to the holding of, and procedure at, meetings of the board.

1. The administrative and clerical work involved in the performance of the functions of the board shall be performed by officers in the Ministry of Mines and Energy made available by the Permanent Secretary for that purpose.
2. The Permanent Secretary may designate an officer referred to in subsection (1) as secretary of the board.
3. Subject to the provisions of the State Finance Act, 1991 (Act 31 of 1991), the board may, after consultation with the Permanent Secretary and on such conditions as may be mutually agreed upon, obtain the services of such persons as it may deem necessary to advise it in connection with the performance of its functions.