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

Chapter 10 : General and Transitional Provisions

49A. Offences

 

(1) A person is guilty of an offence if that person—
(a) commences with an activity in contravention of section 24F(1);
(b) fails to comply with any applicable norm or standard contemplated in section 24(2)(d);
(c) fails to comply with or contravenes a condition of an environmental authorisation granted for a listed activity or specified activity or an approved environmental management programme;
(d) commences or continues with an activity in terms of section 24(2)(c), (d) or (e) unless he or she complies with the procedures, criteria or conditions specified by the Minister or MEC in any regulation made under section 24(5)(bB);
(e) unlawfully and intentionally or negligently commits any act or omission which causes significant pollution or degradation of the environment or is likely to cause significant pollution or degradation of the environment;
(f) unlawfully and intentionally or negligently commit any act or omission which detrimentally affects or is likely to detrimentally affect the environment;
(g) fails to comply with a directive issued in terms of this Act;
(h) fails to comply with or contravenes any condition applicable to an exemption granted in terms of section 24M;
(i) fails to comply with section 30(3), (4), (5) or (6);
(j) contravenes section 31(7) or (8);
(k) fails to comply with or contravenes a compliance notice issued in terms of section 31L;
(l) discloses information about any other person if that information was acquired while exercising or performing any power or duty in terms of section 31Q(1);
(m) hinders or interferes with an environmental management inspector in the execution of that inspector’s official duties;
(n) pretends to be an environmental management inspector, or the interpreter or assistant of such an inspector;
(o) furnishes false or misleading information when complying with a request of an environmental management inspector;
(p) fails to comply with a request of an environmental management inspector.

 

(2) It is a defence to a charge in terms of subsection (1)(a) to show that the activity was commenced or continued with in response to an incident or emergency situation contemplated in section 30 or section 30A, as the case may be, so as to protect human life, property or environment: Provided that—
(a) in the case of an incident, the response is in compliance with the obligations contemplated in section 30(4) and was necessary and proportionate in relation to the threat to human life, property or environment; and
(b) in the case of an emergency situation contemplated in section 30A, the response is in compliance with a directive issued in terms of section 30A.

 

[Section 49A inserted by section 25 of Act No. 30 of 2013]