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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

Annexure 3

 

 

COMPLIANCE NOTICE IN TERMS OF SECTION 31L OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998 (Act No. 107 OF 1998)

 

To: .....................................

 

Address: ......................................
......................................
......................................

 

Compliance notice in terms of the National Environmental Management Act, 1998

 

I, ..................................., in my capacity as an environmental management inspector, hereby issue ...................... with a compliance notice in terms of section 31L of the National Environmental Management Act, 1998 (Act No.107 of 1998), hereinafter referred to as "NEMA".

 

This compliance notice relates to the non-compliance with the provisions of …………………………… [PROVIDE DETAIL OF THE LAW / PERMIT, AUTHORISATION OR OTHER INSTRUMENT TO WHICH THE NOTICE RELATES]

 

 

1) Details of conduct constituting non-compliance

...........................................................................

...........................................................................

 

THE DETAIL INSERTED MUST PROVIDE PARTICULARS OF

a) The specific obligations imposed by the law/permit, authorisation or other instrument which are relevant to the notice;
b) the conduct constituting non-compliance; and
c) the date or period and place of such non-compliance.

 

2) Steps to be taken

...........................................................................

...........................................................................

...........................................................................

 

THE DETAIL INSERTED MUST PROVIDE PARTICULARS OF

a) The steps to be taken by the party accused of non-compliance; and
b) the period in which those steps must be taken.

 

3) Prohibited Conduct

...........................................................................

...........................................................................

...........................................................................

 

THE DETAIL INSERTED MUST PROVIDE PARTICULARS OF

a) Any acts which may-not be performed by the party accused of noncompliance; and
b) the period in which this prohibition will remain in force.

 

4) Procedure for lodging an objection to this compliance notice (sections 31L and 31M of NEMA)
4.1) If you would like me to vary this compliance notice or to extend the period to which it relates, you may make representations to me to do so.
4.2) If you wish to lodge an objection to this compliance notice, you may do so by making representations, in writing, 'to the Minister of Environmental Affairs and Tourism (the Minister) or the Member of the Executive Council (the MEC) within 30 days of receipt of this notice.
4.3) You may also make representations to the Minister or the MEC to suspend the operation of the compliance notice pending finalization of the objection.
4.4) Irrespective of any representations you may make to me or to the Minister or the MEC, you must comply with this compliance notice within the time period stated in the notice unless the Minister or the MEC agrees to suspend the operation of the compliance notice.

 

5) Failure to comply with this compliance notice (section 31N of NEMA)
5.1) It is an offence to fail to comply with this notice.
5.2) Any non-compliance with this notice will be reported to the Minister or the MEC, who may then—
a) report the matter to a Director of Public Prosecutions;
b) revoke any permit or authorization to which this notice relates; and
c) on your behalf, take any step necessary to ensure compliance with the provisions of the law, permit or authorisation to which this notice relates and recover from you the cost of doing so.

 

6) Reason or reasons why advance notice in writing of my intention to issue this compliance notice should not be given

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.........................................................................................................................

 

[PROVIDE PARTICULARS OF REASONS WHY INSPECTOR BELIEVES THAT THE DELAY CAUSED BY GIVING WRITTEN NOTICE OF THE INTENTION TO ISSUE A COMPLIANCE NOTICE WILL CAUSE SIGNIFICANT AND IRREVERSIBLE HARM TO THE ENVIRONMENT]

[INCLUDE ONLY IN CASES OF NON-COMPLIANCE WITH SUBREGULATION 8(2)]

 

Signed on this........ day of ........................................ at ……………..............

 

 

______________________________

Environmental Management Inspector

(Environmental management inspector to provide his or her name, address and other contact details)