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 Act31L. Power to issue compliance notices |
| (1) | An environmental management inspector or environmental mineral and petroleum inspector, within his or her mandate in terms of section 31D, may issue a compliance notice which must correspond substantially with the prescribed form and following a prescribed procedure if there are reasonable grounds for believing that a person has not complied— |
[Words preceding section 31L(1)(a) substituted by section 25(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]
| (a) | with a provision of the law for which that inspector has been designated in terms of section 31D; or |
| (b) | with a term or condition of a permit, authorisation or other instrument issued in terms of such law. |
| (2) | A compliance notice must set out— |
| (a) | details of the conduct constituting non-compliance; |
| (b) | any steps the person must take and the period within which those steps must be taken; |
| (c) | any thing which the person may not do, and the period during which the person may not do it; and |
| (d) | the procedure to be followed in lodging an objection to the compliance notice with the Minister, Minister responsible for mineral resources, Minister responsible for water affairs, MEC or municipal council, as the case may be. |
[Section 31L(2)(d) substituted by section 25(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]
| (3) | An environmental management inspector or environmental mineral and petroleum inspector may, on good cause shown, vary a compliance notice and extend the period within which the person must comply with the notice. |
[Section 31L(3) substituted by section 25(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]
| (4) | A person who receives a compliance notice must comply with that notice within the time period stated in the notice unless the Minister, Minister responsible for mineral resources, Minister responsible for water affairs, MEC or a municipal council has agreed to suspend the operation of the compliance notice in terms of subsection (5). |
[Section 31L(4) substituted by section 25(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]
| (5) | A person who receives a compliance notice and who wishes to lodge an objection in terms of section 31M may make representations to the Minister, the Minister responsible for water affairs, MEC or a municipal council, as the case may be, to suspend the operation of the compliance notice pending finalisation of the objection. |
[Section 31L(5) substituted by section 25(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]