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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

31J. Powers to stop, enter and search vehicles, vessels and aircraft

 

(1) An environmental management inspector, within his or her mandate in terms of section 31D, may, without a warrant, enter and search any vehicle, vessel or aircraft, or search any pack-animal or any other mechanism of transport, on reasonable suspicion that that vehicle, vessel, aircraft, pack-animal or other mechanism of transport—
(a) is being or has been used, or contains or conveys anything which is—
(i) an offence in terms of the law for which that inspector has been designated in terms of section 31D; or
(ii) a breach of such law or a term or condition of a permit, authorisation or other instrument issued in terms of such law; or
(b) contains or conveys a thing which may serve as evidence of such offence or breach.

[Section 31J(1) amended by section 15(a) of Act No. 30 of 2013]

 

(2) An environmental management inspector may, without a warrant, seize a vehicle, vessel, aircraft, pack-animal or any other mechanism of transport or anything contained in or on any vehicle, vessel, aircraft, pack-animal or other mechanism of transport—
(a) which is concerned in or is on reasonable grounds believed to be concerned in the commission of an offence;
(b) which may afford evidence of the commission or suspected commission of an offence;
(c) which is intended to be used or is on reasonable grounds believed to be intended to be used in the commission of an offence; or
(d) which, on reasonable grounds, is being utilised in a manner that is likely to cause significant pollution, impact or degradation of the environment,

in terms of this Act or a specific environmental management Act.

[Section 31J(1) amended by section 15(b) of Act No. 30 of 2013]

 

(3) The provisions of section 31I apply to anything seized in terms of subsection (2), subject to such modifications as the context may require.

 

(4) An environmental management inspector may, for the purpose of implementing subsection (1). at any time, and without a warrant—
(a) order the driver of a vehicle or vessel to stop, or the pilot of an aircraft to land; or
(b) if necessary and possible, force the driver or pilot to stop or land, as the case may be.

 

(5) An environmental management inspector may exercise on or in respect of such vehicle, vessel or aircraft any of the powers mentioned in section 31H.

 

(6) An environmental management inspector may apply to the National or Provincial Commissioner of Police for written authorisation in terms of section 13(8) of the South African Police Service Act, 1995 (Act No. 68 of 1995), to establish a roadblock or a checkpoint.

 

(7) An environmental management inspector has, within his or her mandate in terms of section 31D, all the powers of a member of the South African Police Service in terms of section 13(8)of the South African Police Service Act, 1995.