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

Regulations

Regulations relating to Qualification Criteria, Training and Identification of, and Forms to be used by, Environmental Management Inspectors and Environmental Mineral Resource Inspectors

8. Section 31L compliance notices

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(1)A compliance notice issued in terms of section 31L of the Act must correspond substantially with the form set in Annexure 3.

 

(2)Before issuing a compliance notice in terms of section 31L of the Act, an inspector must give the form set out in Annexure 3.
(a) advance notice in writing of his or her intention to issue such compliance notice; and
(b)a reasonable opportunity to make representations in writing to the inspector why he or she should not issue the compliance notice as intended.

 

(3)
(a)If an inspector has reason to believe that giving written notice of the intention to issue a compliance notice in accordance with sub-regulation (2), will cause a delay resulting in significant and sudden harm to the environment, the inspector may issue a compliance notice without complying with sub -regulation (2).
(b)A compliance notice issued in terms of paragraph (a) must include the inspector's reasons for not complying with sub-regulation (2).