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

Regulations relating to Qualification Criteria, Training and Identification of, and forms to be used by, Environmental Management Inspectors

8. Section 31L compliance notices

 

 

1) A compliance notice issued in terms of section 31L of the Act must be in the form set out in Annexure 3.

 

2) Before issuing a compliance notice in terms of section 31L of the Act, an environmental management inspector must give the person to whom the inspector intends to issue the compliance notice—
a) advance notice in writing of his or her intention to issue such compliance notice; and
b) a reasonable opportunity to make representations in writing to the environmental management inspector why he or she should not issue the compliance notice as intended.

 

3)
a) If an environmental management inspector has reason to believe that giving written notice in accordance with subregulation (2) of the intention to issue a compliance notice, will cause a delay resulting in significant and irreversible harm to the environment, the inspector may issue a compliance notice without complying with subregulation (2).
b) A compliance notice issued in terms of paragraph (a) must explain the environmental management inspector’s reasons for not complying with subregulation (2).