National Environmental Management Act, 1998 (Act No. 107 of 1998)Chapter 7 : Compliance, Enforcement and ProtectionPart 2 : Application and enforcement of Act and any specific environmental management Act31D. Mandates |
| (1) | When designating a person as an environmental management inspector, the Minister, the Minister responsible for water affairs or MEC as the case may be, must, subject to subsection (2), determine whether the person concerned is designated for the enforcement of— |
| (a) | this Act; |
| (c) | specific provisions of this Act or a specific environmental management Act; |
| (d) | this Act and all specific environmental management Acts; |
| (e) | any provincial Act that substantively deals with environmental management; or |
| (f) | any combination of the Acts contemplated in this subsection or combination of the provisions of the said Acts. |
[Section 31D(1)(d) and (e) substituted by section 17(a) and (f) inserted by section 17(b) of the National Environmental Laws Amendment Act, 2022, GG46602, dated 24 June 2022: Commencement by Proclamation 125 of 2023, GG48869, dated 30 June 2023]
| (2) | An MEC may designate a person as an environmental management inspector for the enforcement of only those provisions of this Act or any specific environmental management Act or any provincial Act that substantively deals with environmental management— |
[Words preceding section 31D(2)(a) substituted by section 17(c) of the National Environmental Laws Amendment Act, 2022, GG46602, dated 24 June 2022: Commencement by Proclamation 125 of 2023, GG48869, dated 30 June 2023]
| (a) | which are administered by the MEC or a provincial organ of state; or |
| (b) | in respect of which the MEC or a provincial organ of state exercises or performs assigned or delegated powers or duties. |
| (2A) | The Minister responsible for mineral resources may designate a person as an environmental mineral and petroleum inspector for the compliance monitoring and enforcement of the provisions of this Act or a specific environmental management Act in respect of which powers are conferred on him or her. |
[Section 31D(2A) substituted by section 17(d) of the National Environmental Laws Amendment Act, 2022, GG46602, dated 24 June 2022: Commencement by Proclamation 125 of 2023, GG48869, dated 30 June 2023]
| (3) | A person designated as an environmental management inspector or environmental mineral resource inspector may exercise any of the powers given to environmental management inspectors in terms of this Act that are necessary for the inspector's mandate in terms of subsections (1) or 2A that may be specified by the Minister, the Minister responsible for water affairs or MEC by notice in writing to the environmental management inspector or environmental mineral resource inspector. |
[Section 31D(3) amended by section 12(b) of Act No. 25 of 2014]
| (3A) | An environmental management inspector and environmental mineral and petroleum inspector must exercise any power bestowed on them in terms of this Act in accordance with any applicable duty provided for in this Act. |
[Section 31D(3A) inserted by section 17(e) of the National Environmental Laws Amendment Act, 2022, GG46602, dated 24 June 2022: Commencement by Proclamation 125 of 2023, GG48869, dated 30 June 2023]
| (4) | Despite the provisions in subsections (2A) and (3), the Minister may, after consultation with the Minister responsible for mineral resources, if it is necessary to address significant harm to the environment caused by prospecting, exploration, mining or production activities, direct the environmental management inspectors to implement or support the implementation of these functions in terms of this Act or a specific environmental management Act in respect of which powers have been conferred on the Minister responsible for mineral resources. |
[Section 31D(4) substituted by section 17(f) of the National Environmental Laws Amendment Act, 2022, GG46602, dated 24 June 2022: Commencement by Proclamation 125 of 2023, GG48869, dated 30 June 2023]
| (5) | In the event that a complainant alleges that a specific compliance monitoring and enforcement function relating to prospecting, exploration, mining and production has not been implemented or has been inadequately implemented, the complainant must submit, in writing, information substantiating such allegations to the Minister responsible for mineral resources. |
[Section 31D(5) inserted by section 12(c) of Act No. 25 of 2014]
| (6) | In the event that the complainant is not satisfied with the response from the Minister responsible for mineral resources, the complainant may submit, in writing, such information to the Minister with substantiating documentation, including details of the engagement with the Minister responsible for mineral resources. |
[Section 31D(6) inserted by section 12(c) of Act No. 25 of 2014]
| (7) | On receipt of such information referred to in subsection (6), the Minister must consult with the Minister responsible for mineral resources on his or her response to the complainant. |
[Section 31D(7) inserted by section 12(c) of Act No. 25 of 2014]
| (8) | Subsequent to subsection (7), the Minister may, after consultation with the Minister responsible for mineral resources, within a reasonable period of time and where appropriate, direct the environmental management inspectors to— |
[Words preceding section 31D(8)(a) substituted by section 17(g) of the National Environmental Laws Amendment Act, 2022, GG46602, dated 24 June 2022: Commencement by Proclamation 125 of 2023, GG48869, dated 30 June 2023]
| (a) | assist or support the Minister responsible for mineral resources to fulfill his or her compliance monitoring and enforcement obligations under this Act; or |
| (b) | direct the environmental management inspectors as contemplated in subsection (4) to undertake the compliance monitoring end enforcement functions. |
[Section 31D(8) inserted by section 12(c) of Act No. 25 of 2014]
| (9) | The Minister must inform the complainant of steps taken in response to the complaint. |
[Section 31D(9) inserted by section 12(c) of Act No. 25 of 2014]