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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

31D. Mandates

 

(1) When designating a person as an environmental management inspector, the Minister, the Minister responsible for water affairs or MEC as the case may be, must, subject to subsection (2), determine whether the person concerned is designated for the enforcement of—
(a) this Act;
(c) specific provisions of this Act or a specific environmental management Act;-
(d) this Act and all specific environmental management Acts; or
(e) any combination of those Acts or provisions of those Acts.

 

(2) An MEC may designate a person as an environmental management inspector for the enforcement of only those provisions of this Act or any specific environmental management Act—
(a) which are administered by the MEC or a provincial organ of state; or
(b) in respect of which the MEC or a provincial organ of state exercises or performs assigned or delegated powers or duties.

 

(2A) The Minister responsible for mineral resources may designate a person as an environmental mineral resource inspector for the compliance monitoring and enforcement of the provisions of this Act or a specific environmental management Act in respect of which powers are conferred on him or her.

[Section 31D(2A) inserted by section 12(a) of Act No. 25 of 2014]

 

(3) A person designated as an environmental management inspector or environmental mineral resource inspector may exercise any of the powers given to environmental management inspectors in terms of this Act that are necessary for the inspector's mandate in terms of subsections (1) or 2A that may be specified by the Minister, the Minister responsible for water affairs or MEC by notice in writing to the environmental management inspector or environmental mineral resource inspector.

[Section 31D(3) amended by section 12(b) of Act No. 25 of 2014]

 

(4) Despite the provisions in subsections (2A) and (3), the Minister may, with the concurrence of the Minister responsible for mineral resources, if the environmental mineral resource inspectors are unable or not adequately able to fulfill the compliance monitoring and enforcement functions, designate environmental management inspectors to implement these functions in terms of this Act or a specific environmental management Act in respect of which powers have been conferred on the Minister responsible for mineral resources.

[Section 31D(4) inserted by section 12(c) of Act No. 25 of 2014]

 

(5) In the event that a complainant alleges that a specific compliance monitoring and enforcement function relating to prospecting, exploration, mining and production has not been implemented or has been inadequately implemented, the complainant must submit, in writing, information substantiating such allegations to the Minister responsible for mineral resources.

[Section 31D(5) inserted by section 12(c) of Act No. 25 of 2014]

 

(6) In the event that the complainant is not satisfied with the response from the Minister responsible for mineral resources, the complainant may submit, in writing, such information to the Minister with substantiating documentation, including details of the engagement with the Minister responsible for mineral resources.

[Section 31D(6) inserted by section 12(c) of Act No. 25 of 2014]

 

(7) On receipt of such information referred to in subsection (6), the Minister must consult with the Minister responsible for mineral resources on his or her response to the complainant.

[Section 31D(7) inserted by section 12(c) of Act No. 25 of 2014]

 

(8) Subsequent to subsection (7), the Minister may, in concurrence with the Minister responsible for mineral resources, within a reasonable period of time and where appropriate—
(a) assist or support the Minister responsible for mineral resources to fulfill his or her compliance monitoring and enforcement obligations under this Act; or
(b) direct the environmental management inspectors as contemplated in subsection (4) to undertake the compliance monitoring end enforcement functions.

[Section 31D(8) inserted by section 12(c) of Act No. 25 of 2014]

 

(9) The Minister must inform the complainant of steps taken in response to the complaint.

[Section 31D(9) inserted by section 12(c) of Act No. 25 of 2014]