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National Environmental Management Act, 1998 (Act No. 107 of 1998)

Chapter 7 : Compliance, Enforcement and Protection

Part 2 : Application and enforcement of Act and any specific environmental management Act

31G. Functions of inspectors

 

[Words preceding section 31G(1)(a) substituted by section 20(a) of the National Environmental Laws Amendment Act, 2022, GG46602, dated 24 June 2022: Commencement by Proclamation 125 of 2023, GG48869, dated 30 June 2023]

(a) must monitor and enforce compliance with a law for which he or she has been designated in terms of that section;
(aA) may access and inspect any property, object or pack-animal for the purposes of ascertaining compliance with the legislation for which that inspector has been designated in terms of section 31D and for ascertaining compliance with a term or condition of a permit, authorisation or other instrument issued in terms of relevant legislation.
(b) may investigate any act or omission in respect of which there is a reasonable suspicion that it might constitute—
(i) an offence in terms of such law;
(ii) a breach of such law; or
(iii) a breach of a term or condition of a permit, authorisation or other instrument issued in terms of such law.

[Section 31G(1)(aA) inserted by section 20(b) of the National Environmental Laws Amendment Act, 2022, GG46602, dated 24 June 2022: Commencement by Proclamation 125 of 2023, GG48869, dated 30 June 2023]

 

(2) An environmental management inspector or a mineral and petroleum inspector—

[Words preceding section 31G(2)(a) substituted by section 20(c) of the National Environmental Laws Amendment Act, 2022, GG46602, dated 24 June 2022: Commencement by Proclamation 125 of 2023, GG48869, dated 30 June 2023]

(a) must carry her duties and exercise his or her powers—
(i) in accordance with any instructions issued by the Minister, Minister responsible for mineral resources, Minister responsible for water affairs or MEC, as the case may be;

[Section 31G(2)(a)(i) substituted by section 20(d) of the National Environmental Laws Amendment Act, 2022, GG46602, dated 24 June 2022: Commencement by Proclamation 125 of 2023, GG48869, dated 30 June 2023]

(ii) subject to any limitations and in accordance with any procedures that may be prescribed; and
(b) may be accompanied by an interpreter or any other person whose assistance may reasonably be required;
(c) must exercise his or her powers in a way that minimises any damage to, loss or deterioration of any premises or thing.