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

Regulations

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

Annexures

Annexure 3

 

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 NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998  [INDICATE THE SPECIFIC ACTIVITY/PROPERTY]

 

1. DECISION

 

I, _______________________________________, in my capacity as an a Grade 1 Environmental Management Inspector / Environmental Mineral Resource Inspector, having considered the matter, am of the view that [Company Name / Natural Person's Name] and its directors [if a corporate entity] have failed to adhere to the provisions of the law in respect of activities conducted by [Company Name / Natural Person's Name] at [Facility I Premises Name].

 

Accordingly, I hereby issue you, [Company Name / Natural Person's Name] and its directors [where a corporate entity] with a compliance notice in terms of section 31 L of the National Environmental Management Act, 1998 (Act No. 107 of 1998), hereinafter referred to as "NEMA" read with Regulation 8 of the Regulations Relating to Qualification Criteria, Training and Identification of, and Forms to be used by, Environmental Management Inspectors

(GNR ___dated____________).

 

 

2. INTRODUCTION

 

I refer to the following:

 

[Refer to any inspections conducted and the observations made, the notice of intention to issue a compliance notice, an representations received and any other relevant correspondence.]

 

[Refer broadly to the pieces of legislation that have not been complied with]

 

[Statement to the effect that either not representations were received or where representations were received these were considered but no compelling reason was found as to why this compliance notice should not be issued.]

 

 

3. REASON OR REASONS WHY ADVANCE NOTICE IN WRITING OF MY INTENTION TO ISSUE THIS COMPLIANCE NOTICE WAS NOT GIVEN [Numbering on the notice must be amended where this provision is not used.]

 

[INCLUDE ONLY IN CASES WHERE A PRE-COMPLIANCE NOTICE WAS NOT ISSUED DUE TO SUB-REGULATION 8(2)]

 

[Provide particulars of reason/s why the environmental management inspector/ environmental mineral resource inspector believes that the delay caused by giving written notice of the intention to issue a compliance notice will cause significant and sudden harm to be environment.]

 

 

4. DETAILS OF NON-COMPLIANCE

 

[The failure to comply with the provisions of the law and the conditions of any licence permit/authorisation that may be relevant [delete what is not relevant], your representation and the Department's response thereto is set out in tabular form below.]

 

 

Act/Regulation name

Section/Regulation number

Legal Provision (i.e. wording of the section)

Finding

Representations Received

Rebuttal

 

 

 

[the conduct constituting noncompliance including the date or period of non-compliance]

[where no representations where received this should be indicated here]

[column can be omitted where no representations were received]

 

[Conclude with reasonable belief in respect of non-compliance.]

 

 

5. INSTRUCTIONS

 

In terms of this compliance notice I require you to do the following:

 

[Steps to be taken: Insert details in respect of the steps to be taken by the person accused of non-compliance and the period in which these steps must be taken].

 

[Prohibited conduct: List any acts which may not be performed by the person accused of non-compliance and the period in which the prohibition will remain in force.]

 

 

6. PROCEDURAL ARRANGEMENTS

 

If you would like me to vary this compliance notice, including by extending the period to which it relates, you may make representations to me to do so.

 

If you wish to lodge an objection to this compliance notice, you may do so by making representations, writing, to the Minister responsible for Environmental Affairs, Minister responsible for mineral resources, Minister responsible for water and sanitation (the Minister), Member of the Executive Council (the MEC), or municipal council [delete what is not applicable] within 30 days of receipt of this notice. [Check if there are delegations in place, if so this should be indicated here.]

 

You may also make representations to the Minister, MEC or municipal council [delete what is not applicable] to suspend the operation of the compliance notice pending finalisation of the objection. [Provide details on where to send the objection/request for a suspension to.]

 

Irrespective of any representations you may make to me or to the Minister, the MEC or municipal council [delete what is not applicable], you must comply with this compliance notice within the time period stated in the notice unless the Minister, MEC or municipal council [delete what is not applicable] agrees to suspend the operation of the compliance notice.

 

 

7. FAILURE TO COMPLY

 

Should you fail to comply with this compliance notice:

 

(a) you will have committed an additional offence in terms of section 49A(1)(k) of NEMA. Kindly take note that environmental management inspectors I environmental mineral resource inspectors from this Department are given wide powers in terms of NEMA to investigate whether or not you have complied or are complying with this compliance notice, and to exercise certain powers in order to enforce any contravention thereof, including but not limited to the power to seize items used in the commission of  as well as the power of arrest and
(b) the Department will be entitled to take the required steps on your  behalf and to claim from you any costs incurred in so doing.

 

[ONLY USE WHERE THE PARTICULAR PERMIT/LICENCE/AUTHORISATION MAY BE SUSPENDED OR REVOKED

 

Apart from the instructions contained in this notice, the Department is considering suspending and/or revoking your (insert licence that may be suspended/revoked e.g. Waste Management Licence) in terms of (insert relevant provision that provides for this e.g. section 56 of NEM:WA),as the Department is of the opinion that the licence holder has contravened provisions of (insert relevant Act e.g. NEM:WA) as well as certain of the conditions in that licence and that such contravention may have or is having a significant impact on health or the environment.  In  this regard you are hereby granted (insert reasonable period) in which to make representations as to why the Department should not do so.]

 

 

8. CONCLUSION

 

If you are unclear about any aspect of this compliance notice, kindly contact the person indicated for enquiries in writing as soon as possible; or if no such person is indicated then the EMI who has signed this notice.

 

 

Signed on this _______________day of ______________________at _________________________________________

 

 

 

 

 

_______________________________________________________________________________

Grade 1 Environmental Management Inspector/Environmental Mineral Resource Inspector

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