National Small Business Act, 1996 (Act 102 of 1996)
R 385
National Environmental Management Act, 1998 (Act No. 107 of 1998)Chapter 7 : Compliance, Enforcement and ProtectionPart 2 : Application and enforcement of Act and any specific environmental management Act31K. Routine inspections |
| (1) | An environmental management inspector, or environmental mineral and petroleum 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, including but not limited to, any vehicle, vessel, aircraft, pack-animals, container, bag, box, or item for the purposes of ascertaining compliance with— |
[Words preceding section 31K(1)(a) substituted by section 24(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) | 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, or environmental mineral and petroleum 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— |
[Words preceding section 31K(2)(a) substituted by section 24(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]
| (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 or environmental mineral and petroleum 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. |
[Section 31K(3) substituted by section 24(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]
| (4) | An environmental management inspector or environmental mineral and petroleum inspector may in terms of subsection (2) enter and inspect any residential premises without a warrant, but only if— |
[Words preceding section 31K(4)(a) substituted by section 24(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]
| (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 or environmental mineral and petroleum inspector may seize— |
| (a) | upon reasonable suspicion that an offence in terms of the law for which that inspector has been designated in terms of section 31D has been committed, 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, a specific environmental management Act or a provincial Act that substantively deals with environmental management; and |
| (b) | detain, for a reasonable period of time, 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 for the purpose of ascertaining compliance with the legislation for which that inspector has been designated in terms of sections 31B, 31BA and 31C, as the case may be. |
[Section 31K(5) substituted by section 24(e) of the National Environmental Laws Amendment Act, 2022, GG46602, dated 24 June 2022: Commencement by Proclamation 125 of 2023, GG48869, dated 30 June 2023]
| (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 or environmental mineral and petroleum 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. |
[Section 31K(7) substituted by section 24(f) of the National Environmental Laws Amendment Act, 2022, GG46602, dated 24 June 2022: Commencement by Proclamation 125 of 2023, GG48869, dated 30 June 2023]
