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

Annexure 2

NOTICE TO ANSWER QUESTIONS IN TERMS OF SECTION 31H(1)(b) AS READ WITH SECTION 31H(2) AND (3) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998 (ACT NO. 107 OF 1998)

To:

Address:

Notice to answer questions in terms of section 31 H (1) (b) as read with section 31H (2) and (3) of the National Environmental Management Act, 1998 (Act No. 107 of 1998)

I, _____________________________________________in my capacity as an environmental management inspector / environmental mineral resource inspector, hereby issue _______________________________________with a notice to answer questions in terms of 31 H (1) (b) as read with section 31 H (2) and (3) of the National Environmental Management Act, 1998 (Act No. 107 of 1998), hereinafter referred to as "NEMA" in that you have refused to answer questions in terms of section 31H(1)(a) of NEMA.

2.	The questions in paragraph 4 below must be answered either—

(a)	orally, either alone or in the presence of a witness, before _______________________name of environmental management inspector / environmental mineral resources) on_________________(date) at ______________________________________________(address); or

(b)	in writing to ___________________________________________________________(name and address of environmental management inspector / environmental mineral resources inspector) before ___________________________________(date and time).

3.	The questions in paragraph 4 below must be answered under oath or affirmation.

4.	The questions are the following

(a) [DETAILED QUESTIONS]

5.	(Any other information/explanations added by the environmental management inspector).

Your attention is drawn to the provisions of section 3H(3) of NEMA, which provides that a person who receives a written notice in terms of section 31H(1)(b) of NEMA must answer all questions put to him or her truthfully and to be best of his or her ability, notwithstanding that an answer might incriminate him or her, but any answer that incriminates such person may not be used against him or her in any subsequent criminal proceedings for an offence in terms of NEMA or a specific environmental management Act as defined in section 1 of NEMA.

Signed on this__________________day of ________________________at_____________________________(place).

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Environmental Management Inspector/Environmental Mineral Resource Inspector