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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

31K. Routine inspections

 

(1) An environmental management inspector, within his or her mandate in terms of section 31D, and subject to subsection (2), may at any reasonable time conduct routine inspections and, without a warrant, enter and inspect any building, land or premises or search, including but not limited to, any vehicle, vessel, aircraft, pack-animals, container, bag, box, or item for the purposes of ascertaining compliance with—
(a) the legislation for which that inspector has been designated in terms of section 31D; or
(b) a term or condition of a permit, authorisation or other instrument issued in terms of such legislation.

 

(2) An environmental management inspector, within his or her mandate in terms of section 31D, may, with a warrant obtained in terms of subsection (3), but subject to subsection (4), enter and inspect any residential premises for the purposes of ascertaining compliance with—
(a) the legislation for which that inspector has been designated in terms of section 31D; or
(b) a term or condition of a permit, authorisation or other instrument issued in terms of such legislation.

 

(3) A magistrate may issue a warrant contemplated in subsection (2) only on written application by an environmental management inspector setting out under oath or affirmation that it is necessary to enter and inspect the specified residential premises for the purposes of ascertaining compliance with the Acts for which that inspector has been designated in terms of section 31D.

 

(4) An environmental management inspector may in terms of subsection (2) enter and inspect any residential premises without a warrant, but only if—
(a) the person in control of the premises consents to the entry and inspection; or
(b) there are reasonable grounds to believe that a warrant would on application be issued, but that the delay that may be caused by applying for a warrant would defeat the object of the entry or inspection.

 

(5) While carrying out a routine inspection, an environmental management inspector may seize anything in or on any, including but not limited to, business or residential premises, land or vehicle, vessel, aircraft, pack-animals, container, bag, box, or item that may be used as evidence in the prosecution of any person for an offence in terms of this Act or a specific environmental management Act.

 

(6) The provisions of section 31I apply to anything seized in terms of subsection (5), subject to such modifications as the context may require.

 

(7) An environmental management inspector may exercise on such building, land, premises, vehicle, vessel, aircraft, pack-animals, container, bag, box, item and the like any of the powers mentioned in section 31H.