National Health Act, 2003 (Act No. 61 of 2003)Chapter 10 : Office of Health Standards Compliance, Board, Inspections and Environmental Health Investigations, Health Officers and Inspectors, Complaints and Appeal Procedures83. Environmental health investigations |
| (1) | If a health officer has reasonable grounds to believe that any condition exists which— |
| (a) | constitutes a violation of the right contained in section 24(a) of the Constitution; |
| (b) | constitutes pollution detrimental to health; |
| (c) | is likely to cause a health nuisance; or |
| (d) | constitutes a health nuisance, |
the health officer must investigate such condition.
| (2) | If the investigation reveals that a condition contemplated in subsection (1) exists, the health officer must endeavour to determine the identity of the person responsible for such condition. |
| (3) | The health officer must issue a compliance notice to the person determined to be responsible for any condition contemplated in subsection (1) to take appropriate corrective action in order to minimise, remove or rectify such condition. |
| (4) | Any person aggrieved by a determination or instruction in terms of subsection (2) or (3) may, within a period of 14 days from the date on which he or she became aware of the determination or instruction, lodge an appeal with the person who appointed a health officer in terms of section 80(1). |
| (5) | Only a health officer who is registered as an environmental health practitioner in terms of the Health Professions Act, 1974 (Act No. 56 of 1974), may exercise any of the powers conferred under this section. |
[Section 83 amended by section 5 of Act No. 12 of 2013]