National Environmental Management Act, 1998 (Act No. 107 of 1998)RegulationsRegulations Relating to Qualification Criteria, Training and Identification of, and Forms to be used by, Environmental Management InspectorsAnnexure 2 |
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 31H(1)(b) as read with section 31 H(2) and (3) of the National Environmental Management Act, 1998 (Act No.107 of 1998)
| a) | I, ..................... .........., in my capacity as an environmental management inspector, hereby issue ...................... with a notice to answer questions in terms of 31H(1)(b) as read with section 31H(2) and (3) of the National Environmental Management Act, 1998 (Act No. 107 of 1998), hereinafter referred to as “NEMA”.. |
| b) | 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) on ............... (date) at ......................... (address); or |
| b) | in writing to ...............( name and address of environmental management inspector) before.. .......... ..(date and time) |
| c) | The questions in paragraph 4 below must be answered under oath or affirmation. |
| d) | The questions are the following: |
| a) | [DETAILED QUESTIONS] |
| 5. | ........................ (Any other information/explanations added by the environmental management inspector) |
| 6. | Your attention is drawn to the provisions of section 31H(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 the 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)
____________________________________
Environmental Management Inspector
(Environmental Management Inspector to provide his or her name, address and other contact details)