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

Chapter 7 : Compliance, Enforcement and Protection

Part 2 : Application and enforcement of Act and any specific environmental management Act

31Q. Confidentiality

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(1)It is an offence for any person to disclose information about any other person if that information was acquired while exercising or performing any power or duty in terms of this Act or a specific environmental management Act or a provincial Act that substantively deals with environmental management, except—

[Words preceding section 31Q(1)(a) substituted by section 30(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)if the information is disclosed in compliance with the provisions of any law;
(b)if the person is ordered to disclose the information by a court;
(c)if the information is disclosed to enable a person to perform a function in terms of this Act, a specific environmental management Act or a provincial Act that substantively deals with environmental management; or
(d)for the purposes of the administration of justice.

[Section 31Q(1)(c) substituted by section 30(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]

 

(1A)Subsection (1) does not apply to information that pertains to—
(a)environmental quality or the state of the environment;
(b)any risks posed to the environment, public safety and the health and well-being of people; or
(c)compliance with or contraventions of any environmental legislation by any person.

 

(2)[Section 31Q(2) deleted by section 17 of Act No. 30 of 2013].