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 Act31I. Seizure of items |
| (1) | The provisions of sections 30 to 34 of the Criminal Procedure Act, 1977, apply to the disposal of anything seized in terms of this Part, subject to such modifications as the context may require. |
| (2) | When an item is seized in terms of this Part, the environmental management inspector or environmental mineral and petroleum inspector may instruct the person who was in control of the item immediately before the seizure of the item, to take it to a place designated by the inspector, and if the person refuses to take the item to the designated place, the inspector may do so. |
[Section 31I(2) substituted by section 22(a) 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) | In order to safeguard a vehicle, vessel or aircraft that has been seized, the environmental management inspector or environmental mineral and petroleum inspector may immobilize it by removing a part. |
[Section 31I(3) substituted by section 22(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]
| (4) | An item seized in terms of this section, including a part of a vehicle, vessel or aircraft referred to in subsection (3), must be kept in such a way that it is secured against damage. |
| (5) | An environmental management inspector may— |
| (a) | in the case of a specimen of a threatened or protected species or alien species being imported into the Republic at the port of entry, instruct the person responsible for the import that person’s agent, to produce the original copies of the import permit, together with such other documentation as may be required; and |
| (b) | in the case of a specimen of a threatened or protected species, being exported or re-exported from the Republic at the port of exit, instruct the person responsible for the export or re-export or that person’s agent to produce the original copy of the export or re-export permit, together with such other documentation as may be required. |
[Section 31I(5)(a) and (b) substituted by section 22(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]