Antarctic Treaties Act, 1996 (Act No. 60 of 1996)RegulationsAntarctic Treaties Regulations, 2021Chapter 7 - Compliance and Enforcement36. Power to issue directives |
| (1) | An inspector may, subject to sub-regulation (2), issue a directive if there are reasonable grounds for believing that a person has not complied with a provision of the Act or these Regulations. |
| (2) | Before issuing a directive, an inspector must give the person to whom the inspector intends to issue the directive a reasonable opportunity to make representations in writing to the inspector as to why he or she should not issue the directive as intended. |
| (3) | If an inspector has reasonable grounds to believe that giving written notice of his or her intention to issue a directive in accordance with sub-regulation (2), will cause a delay resulting in significant harm to the environment, human health or to the well-being of a live animal the inspector may issue a directive without complying with sub-regulation (2). |
| (4) | A directive issued in terms of sub-regulation (1) must set out— |
| (a) | details of the conduct constituting non-compliance or details of the disease as the case may be; |
| (c) | any steps the person must take and the period within which those steps must be taken; |
| (d) | any thing which the person may not do, and the period during which the person may not do it; and |
| (e) | the procedure to be followed in lodging an objection to the directive with the Minister. |
| (5) | An inspector may, on good cause shown, vary a directive and extend the period within which the person must comply with the directive. |
| (6) | A person who receives a directive must comply with that directive within the time period stated in the directive. |