South Africa
National Environmental Management Act No. 107 of 1998
NATIONAL ENVIRONMENTAL MANAGEMENT ACT 107 OF 1998
[ASSENTED TO 19 NOVEMBER
1998] [DATE OF COMMENCEMENT: 29 JANUARY 1999]
(English text signed by
the President)
as amended by
Mineral and Petroleum
Resources Development Act 28 of 2002
National Environmental Management Amendment Act 56 of 2002
National Environmental Management Amendment Act 46 of 2003
National Environmental Management Amendment Act 8 of 2004
ACT
To provide for co-operative environmental governance by establishing
principles for decision-making on matters affecting the environment,
institutions that will promote cooperative governance and procedures for co-ordinating environmental functions exercised by organs of
state; to provide for certain aspects of the administration and enforcement of
other environmental management laws; and to provide for matters connected
therewith.
[Long title amended by
s. 3 of Act 56 of 2002 and by s. 13 of Act 46 of 2003.]
Preamble
WHEREAS many inhabitants of
everyone has the right to an environment that is not
harmful to his or her health or well-being;
the State must respect, protect, promote and fulfil the social, economic and environmental rights of
everyone and strive to meet the basic needs of previously disadvantaged
communities;
inequality in the distribution of wealth and
resources, and the resultant poverty, are among the important causes as well as
the results of environmentally harmful practices;
sustainable development requires the integration of social, economic and
environmental factors in the planning, implementation and evaluation of
decisions to ensure that development serves present and future generations;
everyone has the right to have the environment
protected, for the benefit of present and future generations, through
reasonable legislative and other measures that-
prevent pollution and ecological degradation;
promote conservation; and
secure ecologically sustainable development and use of
natural resources while promoting justifiable economic and social development;
the environment is a functional area of concurrent national and provincial
legislative competence, and all spheres of government and all organs of state
must co-operate with, consult and support one another;
AND WHEREAS it is desirable-
that the law develops a framework for integrating good
environmental management into all development activities;
that the law should promote certainty with regard to decision-making
by organs of state on matters affecting the environment;
that the law should establish principles guiding the
exercise of functions affecting the environment;
that the law should ensure that organs of state
maintain the principles guiding the exercise of functions affecting the
environment;
that the law should establish procedures and
institutions to facilitate and promote co-operative government and
intergovernmental relations;
that the law should establish procedures and
institutions to facilitate and promote public participation in environmental
governance;
that the law should be enforced by the State and that
the law should facilitate the enforcement of environmental laws by civil
society;
TABLE OF CONTENTS
1.
Definitions
CHAPTER
1
NATIONAL ENVIRONMENTAL MANAGEMENT PRINCIPLES
2.
Principles
CHAPTER
2
INSTITUTIONS
Part 1
National Environmental Advisory Forum
3.
Establishment, objects and functions of Forum
4.
Composition
5.
Conditions of appointment
6.
Functioning of Forum
Part 2
Committee for Environmental Co-ordination
7.
Establishment, objects and functions of Committee
8.
Composition of Committee
9.
Meetings of Committee, sub-committees and working groups
10.
Report of Committee
CHAPTER 3
PROCEDURES FOR CO-OPERATIVE GOVERNANCE
11.
Environmental implementation plans and management plans
12.
Purpose and objects of environmental implementation and management plans
13.
Content of environmental implementation plans
14.
Content of environmental management plans
15.
Submission, scrutiny and adoption
16.
Compliance with environmental implementation and management plans
CHAPTER 4
FAIR DECISION-MAKING AND CONFLICT MANAGEMENT
17.
Reference to conciliation
18.
Conciliation
19.
Arbitration
20.
Investigation
21.
Appointment of panel and remuneration
22.
Relevant considerations, report and designated officer
CHAPTER 5
INTEGRATED ENVIRONMENTAL MANAGEMENT
23.
General objectives
24.
Environmental authorisations
[S.
24 substituted by s. 2 of Act 8 of 2004.]
24A.
Procedure for listing activity or area
[S.
24A inserted by s. 3 of Act 8 of 2004.]
24B.
Procedure for delisting of activities or areas
[S.
24B inserted by s. 3 of Act 8 of 2004.]
24C.
Procedure for identifying the competent authority
[S.
24C inserted by s. 3 of Act 8 of 2004.]
24D.
Publication of list
[S.
24D inserted by s. 3 of Act 8 of 2004.]
24E.
Minimum conditions attached to environmental authorisations
[S.
24E inserted by s. 3 of Act 8 of 2004.]
24F.
Offences relating to commencement or continuation of listed activity
[S.
24F inserted by s. 3 of Act 8 of 2004.]
24G.
Rectification of unlawful commencement or continuation of listed activity
[S.
24G inserted by s. 3 of Act 8 of 2004.]
24H.
Registration authorities
[S.
24H inserted by s. 3 of Act 8 of 2004.]
24I.
Appointment of external specialist to review assessment
[S.
24I inserted by s. 3 of Act 8 of 2004.]
CHAPTER 6
INTERNATIONAL OBLIGATIONS AND AGREEMENTS
25.
Incorporation of international environmental instruments
26.
Reports
27.
Application
CHAPTER 7
COMPLIANCE AND ENFORCEMENT
Part 1
Environmental hazards, access to information and protection of whistleblowers
[Heading substituted by
s. 2 of Act 46 of 2003.]
28.
Duty of care and remediation of environmental damage
29.
Protection of workers refusing to do environmentally hazardous work
30.
Control of emergency incidents
Part 2
......
[Heading deleted by s. 3
of Act 46 of 2003.]
31.
Access to environmental information and protection of whistleblowers
Part 2
Application and enforcement of Act and specific environmental management Acts
[Part 2 inserted by s. 4
of Act 46 of 2003.]
31A.
Application
[S.
31A inserted by s. 4 of Act 46 of 2003.]
31B.
Designation of environmental management inspectors by Minister
[S.
31B inserted by s. 4 of Act 46 of 2003.]
31C.
Designation of environmental management inspectors by MEC
[S.
31C inserted by s. 4 of Act 46 of 2003.]
31D.
Mandates
[S.
31D inserted by s. 4 of Act 46 of 2003.]
31E.
Prescribed standards
[S.
31E inserted by s. 4 of Act 46 of 2003.]
31F.
Proof of designation
[S.
31F inserted by s. 4 of Act 46 of 2003.]
31G.
Functions of inspectors
[S.
31G inserted by s. 4 of Act 46 of 2003.]
31H.
General powers
[S.
31H inserted by s. 4 of Act 46 of 2003.]
31I.
Seizure of items
[S.
31I inserted by s. 4 of Act 46 of 2003.]
31J.
Powers to stop, enter and search vehicles, vessels and
aircraft
[S.
31J inserted by s. 4 of Act 46 of 2003.]
31K.
Routine inspections
[S.
31K inserted by s. 4 of Act 46 of 2003.]
31L.
Power to issue compliance notices
[S.
31L inserted by s. 4 of Act 46 of 2003.]
31M.
Objections to compliance notice
[S.
31M inserted by s. 4 of Act 46 of 2003.]
31N.
Failure to comply with compliance notice
[S.
31N inserted by s. 4 of Act 46 of 2003.]
31O.
Powers of South African Police Service members
[S.
31O inserted by s. 4 of Act 46 of 2003.]
31P.
Duty to produce documents
[S.
31P inserted by s. 4 of Act 46 of 2003.]
31Q.
Confidentiality
[S.
31Q inserted by s. 4 of Act 46 of 2003.]
Part 3
Judicial matters
[Part 3 inserted by s. 5
of Act 46 of 2003.]
32.
Legal standing to enforce environmental laws
33.
Private prosecution
34.
Criminal proceedings
34A.
Offences relating to environmental management inspectors
[S.
34A inserted by s. 7 of Act 46 of 2003.]
34B.
Award of part of fine recovered to informant
[S.
34B inserted by s. 7 of Act 46 of 2003.]
34C.
Cancellation of permits
[S.
34C inserted by s. 7 of Act 46 of 2003.]
34D.
Forfeiture of items
[S.
34D inserted by s. 7 of Act 46 of 2003.]
34E.
Treatment of seized live specimens
[S.
34E inserted by s. 7 of Act 46 of 2003.]
34F.
Security for release of vehicles, vessels or aircraft
[S.
34F inserted by s. 7 of Act 46 of 2003.]
34G.
Admission of guilt fines
[S.
34G inserted by s. 7 of Act 46 of 2003.]
CHAPTER 8
ENVIRONMENTAL MANAGEMENT CO-OPERATION AGREEMENTS
35.
Conclusion of agreements
CHAPTER 9
ADMINISTRATION OF ACT AND SPECIFIC ENVIRONMENTAL MANAGEMENT ACTS
[Heading substituted by
s. 8 of Act 46 of 2003.]
36.
Expropriation
37.
Reservation
38.
Intervention in litigation
39.
Agreements
40.
Appointment of employees on contract
41.
Assignment
42.
Delegation of powers and duties by Minister and Director-General
[S. 42 substituted by s.
9 of Act 46 of 2003.]
42A.
Delegation of powers by MEC
[S. 42A inserted by s.
10 of Act 46 of 2003.]
43.
Appeals
[S. 43 substituted by s.
4 of Act 8 of 2004.]
44.
Regulations in general
45.
Regulations for management co-operation agreements
46.
Model environmental management bylaws
47.
Procedure for making regulations
47A.
Regulations, legal documents and steps valid under certain circumstances
[S. 47A inserted by s.
11 of Act 46 of 2003.]
47B.
Consultation
[S. 47B inserted by s.
11 of Act 46 of 2003.]
47C.
Extension of time periods
[S. 47C inserted by s.
11 of Act 46 of 2003.]
47D.
Delivery of documents
[S. 47D inserted by s.
11 of Act 46 of 2003.]
CHAPTER 10
GENERAL AND TRANSITIONAL PROVISIONS
48.
State bound
49.
Limitation of liability
50.
Repeal of laws
51.
Savings
52.
Short title
53.
Commencement
Schedules
(1) In this Act, unless the context requires otherwise-
"activities" includes
policies, programmes, plans and projects;
[Definition of
"activities" substituted by s. 1 of Act 56 of 2002.]
"Agenda 21" means the document by that name
adopted at the United Nations Conference of Environment and Development held in
"aircraft" means
an airborne craft of any type whatsoever, whether self-propelled or not, and
includes a hovercraft;
[Definition of "aircraft" inserted by
s. 1 (a) of Act 46 of 2003.]
"assessment" ,
when used in Chapter 5, means the process of collecting, organising,
analysing, interpreting and communicating information
that is relevant to decision-making;
[Definition of "assessment" inserted
by s. 1 (a) of Act 8 of 2004.]
"best practicable environmental option" means
the option that provides the most benefit or causes the least damage to the
environment as a whole, at a cost acceptable to society, in the long term as
well as in the short term;
"commence" , when
used in Chapter 5, means the start of any physical activity on the site in
furtherance of a listed activity;
[Definition of "commence" inserted by
s. 1 (b) of Act 8 of 2004.]
"commercially confidential
information" means commercial information, the disclosure of which
would prejudice to an unreasonable degree the commercial interests of the
holder: Provided that details of emission levels and waste products must not be
considered to be commercially confidential notwithstanding any provision of
this Act or any other law;
"Committee" means the Committee for
Environmental Co-ordination referred to in section 7;
"community" means
any group of persons or a part of such a group who share common interests, and
who regard themselves as a community;
"competent authority" , in respect of a
listed activity or specified activity, means the organ of state charged by this
Act with evaluating the environmental impact of that activity and, where
appropriate, with granting or refusing an environmental authorisation
in respect of that activity;
[Definition of "competent authority"
inserted by s. 1 (c) of Act 8 of 2004.]
"Constitution" means the Constitution of
the
"delegation" , in
relation to a duty, includes an instruction to perform the duty;
[Definition of
"delegation" inserted by s. 1 (b) of Act 46 of 2003.]
"Department" means the Department of
Environmental Affairs and Tourism;
"Director-General" means the
Director-General of Environmental Affairs and Tourism;
"ecosystem" means
a dynamic system of plant, animal and micro-organism communities and their
non-living environment interacting as a functional unit;
"environment" means
the surroundings within which humans exist and that are made up of-
(i) � the land, water and atmosphere of the earth;
(ii) micro-organisms, plant and animal life;
(iii) ����������� any part or
combination of (i) and (ii) and the
interrelationships among and between them; and
(iv) the physical, chemical, aesthetic and cultural properties
and conditions of the foregoing that influence human health and well-being;
"environmental assessment practitioner" ,
when used in Chapter 5, means the individual responsible for the planning,
management and coordination of environmental impact assessments, strategic
environmental assessments, environmental management plans or any other
appropriate environmental instruments introduced through regulations;
[Definition of
"environmental assessment practitioner" inserted by s. 1 (d) of
Act 8 of 2004.]
"environmental authorisation" , when used in Chapter 5, means the
authorisation by a competent authority of a listed
activity in terms of this Act;
[Definition of
"environmental authorisation" inserted by
s. 1 (d) of Act 8 of 2004.]
"environmental
implementation plan" means an implementation plan referred to in
section 11;
"environmental management
co-operation agreement" means an agreement referred to in section
35(1);
"environmental management
inspector" means a person designated as an environmental management
inspector in terms of section 31B or 31C;
[Definition of "environmental management
inspector" inserted by s. 1 (c) of Act 46 of 2003.]
"environmental management
plan" means a management plan referred to in section 11;
"evaluation" ,
when used in Chapter 5, means the process of ascertaining the relative
importance or significance of information, in the light of people's values,
preferences and judgements, in order to make a
decision;
[Definition of "evaluation" inserted
by s. 1 (e) of Act 8 of 2004.]
"financial year" means
a period commencing on 1 April of any year and ending on 31 March of the
following year;
"Forum" means the National Environmental
Advisory Forum referred to in section 3;
"hazard" means a
source of or exposure to danger;
"international
environmental instrument" means any international agreement,
declaration, resolution, convention or protocol which relates to the management
of the environment;
"listed activity" ,
when used in Chapter 5, means an activity identified in terms of section 24(2) (a)
and (d) ;
[Definition of "listed activity"
inserted by s. 1 (f) of Act 8 of 2004.]
"listed area" ,
when used in Chapter 5, means a geographical area identified in terms of
section 24(2) (b) and (c) ;
[Definition of "listed area" inserted
by s. 1 (f) of Act 8 of 2004.]
"MEC" means the Member of the Executive
Council to whom the Premier has assigned responsibility for environmental
affairs;
[Definition of "MEC" substituted by s.
1 (g) of Act 8 of 2004.]
"Minister" means the Minister of
Environmental Affairs and Tourism;
"national department" means
a department of State within the national sphere of government;
"organ of state" means
organ of state as defined in the Constitution;
"person" includes
a juristic person;
"pollution" means
any change in the environment caused by-
(i)
� substances;
(ii) radioactive or other
waves; or
(iii) ����������� noise, odours, dust or heat,
emitted from any
activity, including the storage or treatment of waste or substances,
construction and the provision of services, whether engaged in by any person or
an organ of state, where that change has an adverse effect on human health or
well-being or on the composition, resilience and productivity of natural or
managed ecosystems, or on materials useful to people, or will have such an effect
in the future;
"prescribe" means
prescribe by regulation in the Gazette ;
"provincial head of
department" means the head of the provincial department responsible
for environmental affairs;
"regulation" means
a regulation made under this Act;
"review" , when
used in Chapter 5, means the process of determining whether an assessment has
been carried out correctly or whether the resulting information is adequate in
order to make a decision;
[Definition of
"review" inserted by s. 1 (h) of Act 8 of 2004.]
"specific environmental
management Act" means an Act of Parliament that regulates a specific
aspect of the environment, as defined in this Act, and includes any regulations
or other subordinate legislation made in terms of such an Act;
[Definition of "specific environmental
management Act" inserted by s. 1 (h) of Act 8 of 2004.]
"specific environmental
management Acts" means-
(i)
the National Environmental Management: Biodiversity
Act, 2003; and
(ii) the
National Environmental Management: Protected Areas Act, 2003, and includes any
regulations or other subordinate legislation made in terms of any of those
Acts;
[Definition of "specific environmental
management Acts" inserted by s. 1 (d) of Act 46 of 2003.]
"specified activity" ,
when used in Chapter 5, means an activity as specified within a listed
geographical area in terms of section 24(2) (b) and (c) ;
[Definition of
"specified activity" inserted by s. 1 (h) of Act 8 of 2004.]
"state land" means
land which vests in the national or a provincial government, and includes land
below the high water mark and the Admiralty Reserve, but excludes land
belonging to a local authority;
"sustainable
development" means the integration of social, economic and environmental
factors into planning, implementation and decision-making so as to ensure that
development serves present and future generations;
"this Act" includes
the schedules, and regulations and any notice issued under the Act.
"vessel" means any
waterborne craft of any kind, whether self-propelled or not, but does not
include any moored floating structure that is not used as a means of
transporting anything by water.
[Definition of "vessel" inserted by s.
1 (e) of Act 46 of 2003.]
(2) Words derived from the word or terms defined have
corresponding meanings, unless the context indicates otherwise.
(3) A reasonable interpretation of a provision which is
consistent with the purpose of this Act must be preferred over an alternative
interpretation which is not consistent with the purpose of this Act.
(4) Neither-
(a) a
reference to a duty to consult specific persons or authorities, nor
(b) the
absence of any reference in this Act to a duty to consult or give a hearing,
exempts the official or
authority exercising a power or performing a function from the duty to act
fairly.
CHAPTER
1
NATIONAL ENVIRONMENTAL MANAGEMENT PRINCIPLES (s 2)
(1) The principles set out in this section apply
throughout the Republic to the actions of all organs of state that may
significantly affect the environment and-
(a) shall apply alongside
all other appropriate and relevant considerations, including the State's
responsibility to respect, protect, promote and fulfill the social and economic
rights in Chapter 2 of the Constitution and in particular the basic needs of
categories of persons disadvantaged by unfair discrimination;
(b) serve as the general
framework within which environmental management and implementation plans must
be formulated;
(c) serve as guidelines by
reference to which any organ of state must exercise any function when taking
any decision in terms of this Act or any statutory provision concerning the
protection of the environment;
(d) serve as principles by
reference to which a conciliator appointed under this Act must make
recommendations; and
(e) guide the interpretation, administration and implementation
of this Act, and any other law concerned with the protection or management of
the environment.
(2) Environmental management must place people and their needs at the forefront
of its concern, and serve their physical, psychological, developmental,
cultural and social interests equitably.
(3) Development must be socially, environmentally and economically sustainable.
(4) (a) Sustainable development requires the
consideration of all relevant factors including the following:
(i) That the disturbance of ecosystems and loss of
biological diversity are avoided, or, where they cannot be altogether avoided,
are minimised and remedied;
(ii) that pollution and degradation of the environment are
avoided, or, where they cannot be altogether avoided, are minimised
and remedied;
(iii) that the disturbance of landscapes and sites that constitute
the nation's cultural heritage is avoided, or where it cannot be altogether
avoided, is minimised and remedied;
(iv) that waste is avoided, or where it cannot be altogether
avoided, minimised and re-used or recycled where
possible and otherwise disposed of in a responsible manner;
(v) that the use and exploitation of non-renewable natural
resources is responsible and equitable, and takes into account the consequences
of the depletion of the resource;
(vi) that the development, use and exploitation of renewable resources
and the ecosystems of which they are part do not exceed the level beyond which
their integrity is jeopardised;
(vii) that a risk-averse and cautious approach is applied, which
takes into account the limits of current knowledge about the consequences of
decisions and actions; and
(viii) that negative impacts on the environment and on people's
environmental rights be anticipated and prevented, and where they cannot be
altogether prevented, are minimised and remedied.
(b) Environmental management must be integrated,
acknowledging that all elements of the environment are linked and interrelated,
and it must take into account the effects of decisions on all aspects of the
environment and all people in the environment by pursuing the selection of the
best practicable environmental option.
(c) Environmental justice must be pursued so that
adverse environmental impacts shall not be distributed in such a manner as to
unfairly discriminate against any person, particularly vulnerable and
disadvantaged persons.
(d) Equitable access to environmental resources,
benefits and services to meet basic human needs and ensure human well-being
must be pursued and special measures may be taken to ensure access thereto by
categories of persons disadvantaged by unfair discrimination.
(e) Responsibility for the environmental health and
safety consequences of a policy, programme, project,
product, process, service or activity exists throughout its life cycle.
(f) The participation of all interested and affected
parties in environmental governance must be promoted, and all people must have
the opportunity to develop the understanding, skills and capacity necessary for
achieving equitable and effective participation, and participation by
vulnerable and disadvantaged persons must be ensured.
(g) Decisions must take into account the interests,
needs and values of all interested and affected parties, and this includes recognising all forms of knowledge, including traditional
and ordinary knowledge.
(h) Community wellbeing and empowerment must be
promoted through environmental education, the raising of environmental
awareness, the sharing of knowledge and experience and other appropriate means.
(i) The social, economic
and environmental impacts of activities, including disadvantages and benefits,
must be considered, assessed and evaluated, and decisions must be appropriate
in the light of such consideration and assessment.
(j) The right of workers to refuse work that is
harmful to human health or the environment and to be informed of dangers must
be respected and protected.
(k) Decisions must be taken in an open and
transparent manner, and access to information must be provided in accordance
with the law.
(l) There must be intergovernmental co-ordination and
harmonisation of policies, legislation and actions
relating to the environment.
(m) Actual or potential conflicts of interest between
organs of state should be resolved through conflict resolution procedures.
(n) Global and international responsibilities
relating to the environment must be discharged in the national interest.
(o) The environment is held in public trust for the
people, the beneficial use of environmental resources must serve the public interest
and the environment must be protected as the people's common heritage.
(p) The costs of remedying pollution, environmental
degradation and consequent adverse health effects and of preventing,
controlling or minimising further pollution, environmental
damage or adverse health effects must be paid for by those responsible for
harming the environment.
(q) The vital role of women and youth in
environmental management and development must be recognised
and their full participation therein must be promoted.
(r) Sensitive, vulnerable, highly dynamic or stressed
ecosystems, such as coastal shores, estuaries, wetlands, and similar systems
require specific attention in management and planning procedures, especially
where they are subject to significant human resource usage and development
pressure.
CHAPTER 2
INSTITUTIONS (ss 3-10)
Part 1
National Environmental Advisory Forum (ss 3-6)
3 Establishment, objects and functions of
National Environmental Advisory Forum
(1) The National
Environmental Advisory Forum is hereby established.
(2) The object of the Forum is to-
(a) inform the Minister of the views of stakeholders regarding
the application of the principles set out in section 2; and
(b) advise the Minister on-
(i) any matter concerning
environmental management and governance and specifically the setting and
achievement of objectives and priorities for environmental governance; and
(ii)
appropriate methods of monitoring compliance
with the principles set out in section 2.
(3) The Forum may, on its own initiative and after
consultation with the Director-General, draw the Minister's attention to any
matter concerning environmental management requiring attention, and the
Minister may refer matters for consideration by the Forum.
(1)
The Forum consists of at least 12 but not more than 15 members appointed by the
Minister.
(2) The Minister appoints persons who represent
stakeholders, and persons who have experience, expertise or skills necessary to
enable the Forum to carry out its functions: Provided that the Minister must
take into account the desirability of appointing women, youth and persons
disadvantaged by unfair discrimination and ensuring representation of
vulnerable and disadvantaged persons.
(3) Before persons contemplated in subsection (2) are
appointed, the Minister must-
(a) invite nominations from organised labour, organised business, non-governmental organisations
and community-based organisations in a manner that he
or she may consider appropriate, and invite nominations from others by notice
in the Gazette , at least two nationally distributed newspapers,
appropriate local newspapers and on the radio specifying a period within which
nominations must be submitted;
(b) stipulate in such notice, the
procedure to be adopted regarding such nominations; and
(c) consult with-
(i) the MECs;
and
(ii) the Committees of the National Assembly and the National
Council of Provinces that scrutinize environmental affairs.
(4) The Minister appoints the chairperson of the Forum.
(5) (a) Each member of the
Forum designates, with the concurrence of the Minister and the organization or
person who nominated him or her, an alternate to take his or her place if he or
she is unable to attend a meeting of the Forum.
(b) The Minister may appoint a replacement for a
member who vacates his or her office in terms of section 5(3), and the Minister
may invite nominations from the sector or organisation
that nominated such member.
(6) The replacement must serve for the balance of the term
of the person he or she replaces.
5 Conditions of appointment to Forum
(1) A member of the Forum
holds office for a period of two years.
(2) At the expiry of his or her term of office a member may
be appointed for one further term.
(3) A member or replacement member of the Forum must vacate
his or her office if-
(a) the Minister at any time
terminates such term of office for good reason;
(b) he or she can no longer
perform his or her duties on the Forum;
(c) he
or she is convicted of a criminal offence, involving dishonesty, and is
sentenced to imprisonment without the option of a fine;
(d) he
or she is absent from more than two consecutive meetings of the Forum without
the leave of the chairperson; or
(e) he
or she resigns by way of written notice to the Minister.
(4) Members of the Forum and members of a committee of the
Forum may be paid such remuneration and allowances for their services as the
Minister may determine with the concurrence of the Minister of Finance.
(5) If any member of the Forum or his or her spouse has a
direct or indirect financial interest in any matter before the Forum, he or she
shall disclose such interest and may not take part in any discussion regarding
such matter.
(1) The Minister must-
(a) lay
down rules for the functioning of the Forum, including-
(i)
by publication in the Gazette , a constitution
for the Forum which may contain provisions relating to-
(aa) advice on matters related to Chapter 6;
(bb)
participation
in meetings relating to international environmental matters;
(cc) subcommittees and
working groups of the Forum;
(ii) the manner and timing of reports by the Forum; and
(iii) consultation with the Director-General;
(b) with
the concurrence of the Minister of Finance make available funds for the
functioning of the Forum for purposes other than the payment of remuneration
referred to in section 5(4), from-
(i)
money appropriated by Parliament for this purpose; and
(ii) funds
obtained from donations or grants.
(2) The Director General may-
(a) designate as many officers and
employees as he or she may deem necessary to assist the Forum in the
performance of its work; and
(b) engage
persons on contract to assist the Forum in the performance of its work.
(3) The Minister must present an annual report to Parliament
on the work of the Forum, including the following:
(a) �the work plan for the
next year;
(b) �information and
recommendations submitted; and
(c) �financial report and
budget.
(4) The meetings of the Forum must be open to the public and
all documents considered or produced by the Forum must be available for
inspection by the public.
Part 2
Committee for Environmental Co-ordination (ss 7-10)
7
Establishment, objects and functions of Committee
(1) The Committee for
Environmental Co-ordination is hereby established.
(2) The object of the Committee is to promote the
integration and co-ordination of environmental functions by the relevant organs
of state, and in particular to promote the achievement of the purpose and
objectives of environmental implementation plans and environmental management
plans as set out in section 12.
(3) The functions of the Committee shall include the
following:
(a) scrutinising, reporting and making recommendations on the
environmental implementation plans submitted to it in accordance with section
15;
(b) investigating and making
recommendations regarding the assignment and delegation of functions between
organs of state under this Act or any other law affecting the environment and
regarding the practical working arrangements, including memoranda of
understanding, between the organs of state represented by members and other
organs of state;
(c) investigating and
recommending the establishment of mechanisms in each province, with the
concurrence of the MEC, for providing a single point in the province for the
receipt of applications for authorisations, licences and similar permissions required for activities
under legal provisions concerned with the protection of the environment where
such authorisations, licences
or permissions are required from more than one organ of state, and procedures
for the co-ordinated consideration of such
applications by the organs of state concerned;
(d) making recommendations
to co-ordinate the application of integrated environmental management as
contemplated in Chapter 5, including co-operation in environmental assessment
procedures and requirements and making determinations regarding the prevention
of duplication of efforts as contemplated in section 24(4);
(e) making recommendations
aimed at securing compliance with the principles set out in section 2 and
national norms and standards contemplated in section 146(2) (b) (i) of the Constitution;
(f) �making
recommendations regarding the harmonisation of the
environmental functions of all relevant national departments and spheres of
government;
(g) advising
the Minister on providing guidelines for the preparation of environmental
management plans and environmental implementation plans; and
(h) endeavouring to ensure compliance with the principle set out
in section 2(2) by making appropriate recommendations, requiring reports from
its members and advising government on law reform.
(1) The Committee comprises:
(a) the Director-General: Environmental Affairs and Tourism, who
acts as chairperson;
(b) �the Director-General:
Water Affairs and Forestry;
(c) �the Director-General:
Minerals and Energy;
(d)
the Director-General: Land Affairs;
(e) the
Director-General: Constitutional Development;
(f) �the Director-General:
Housing;
(g) the
Director-General: Agriculture;
(h) the Director-General: Health;
(i) �the Director-General: Labour;
(j) �the
Director-General: Arts, Culture, Science and Technology;
(k) the
provincial heads of department appointed by the Minister with the concurrence
of the MEC;
(l) a
representative of the national organisation recognised in terms of section 2 of the Organised
Local Government Act, 1997 (Act 52 of 1997), appointed by the Minister with the
concurrence of that organisation; and
(m) any
other Director-General appointed by the Minister with the concurrence of the
Minister under whose portfolio that Department falls.
(2) �� (a) The Committee may co-opt persons to assist it in
carrying out its functions.
(b) The Committee may invite
persons to attend its meetings and to assist it in carrying out its functions.
(3) In making the appointments as contemplated in subsection
(2) (a) ,
the Committee must give due consideration to representation of the local sphere
of government.
(4) Every member of the Committee referred to in subsection
(1), must appoint an alternate member with the necessary authority from his or
her department or provincial government.
(5) The alternate member appointed under subsection (4) must
act in such member's absence or inability to act as member of the Committee.
9 Meetings of Committee, subcommittees and
working groups
(1) The Committee meets at
least four times a year.
(2) The Director-General determines-
(a) the procedure for convening
meetings of the Committee;
(b) the quorum for meetings;
(c) procedures at meetings; and
(d)
records the Committee must keep.
(3) The Director-General furnishes the Minister with copies
of the minutes of all meetings, within three weeks of such meetings.
(4) The Committee may establish ad hoc and permanent
subcommittees to assist the Committee in the performance of its functions, and
such subcommittees may include persons who need not necessarily be members of
the Committee.
(5) The Committee may establish ad hoc working groups
to assist a subcommittee in the performance of its functions, and such working
groups may include persons who need not necessarily be members of the
subcommittee.
(6) Every subcommittee established in terms of subsection
(4) must report at each meeting of the Committee on its own activities as well
as those of any working groups established in terms of subsection (5) to assist
the subcommittee.
(1) The Committee presents an
annual report on its activities to the Minister on the following:
(a) the work of the Committee
and the work plan for the next year;
(b) comments
submitted to the Director-General on the environmental implementation and
environmental management plans received;
(c) recommendations
made in respect of environmental implementation and environmental management
plans received;
(d) recommendations
made in order to secure compliance with the principles set out in section 2 and
national norms and standards;
(e) law
reform undertaken and proposed by organs of state represented on the Committee;
(f) compliance
with environmental implementation and management plans by municipalities; and
(g) any
other matter relevant to the co-ordination of policies, plans and programmes that may affect the environment.
(2) At the request of members of the public, the Committee
must make copies available of the report contemplated in subsection (1).
(3) The Minister must present an annual report to Parliament
on the work of the Committee, including the matters listed in subsection (1).
CHAPTER 3
PROCEDURES FOR CO-OPERATIVE GOVERNANCE (ss 11-16)
11 Environmental implementation plans and
management plans
(1) Every national department
listed in Schedule 1 as exercising functions which may affect the environment
and every province must prepare an environmental implementation plan within one
year of the promulgation of this Act and at least every four years thereafter.
(2) Every national department listed in Schedule 2 as
exercising functions involving the management of the environment must prepare
an environmental management plan within one year of the promulgation of this
Act and at least every four years thereafter.
(3) Every national department that is listed in both
Schedule 1 and Schedule 2 may prepare a consolidated environmental
implementation and management plan.
(4) Every organ of state referred to in subsections (1) and
(2) must, in its preparation of an environmental implementation plan or
environmental management plan, and before submitting such plan take into
consideration every other environmental implementation plan and environmental
management plan already adopted with a view to achieving consistency among such
plans.
(5) The Minister may by notice in the Gazette -
(a) extend the date for the
submission of any environmental implementation plans and environmental
management plans for periods not exceeding 12 months;
(b) on application by any
organ of state, or on his or her own initiative with the agreement of the
relevant Minister where it concerns a national department, and after consultation
with the Committee, amend Schedules 1 and 2.
(6) The Director-General must, at the request of a national
department or province assist with the preparation of an environmental
implementation plan.
(7) The preparation of environmental implementation plans
and environmental management plans may consist of the assembly of information
or plans compiled for other purposes and may form part of any other process or
procedure.
(8) The Minister may issue guidelines to assist provinces
and national departments in the preparation of environmental implementation and
environmental management plans.
12
Purpose and objects of environmental implementation plans and environmental
management plans
The purpose of environmental implementation and
management plans is to-
(a) co-ordinate and harmonise the environmental policies, plans, programmes and decisions of the various national
departments that exercise functions that may affect the environment or are
entrusted with powers and duties aimed at the achievement, promotion, and
protection of a sustainable environment, and of provincial and local spheres of
government, in order to-
(i) minimise
the duplication of procedures and functions; and
(ii) promote consistency in the exercise of functions that may
affect the environment;
(b) give
effect to the principle of co-operative government in Chapter 3 of the
Constitution;
(c) secure
the protection of the environment across the country as a whole;
(d) prevent unreasonable
actions by provinces in respect of the environment that are prejudicial to the
economic or health interests of other provinces or the country as a whole; and
(e) enable the Minister to monitor
the achievement, promotion, and protection of a sustainable environment.
13
Content of environmental implementation plans
(1) Every environmental
implementation plan must contain:
(a) a description of
policies, plans and programmes that may significantly
affect the environment;
(b) a description of the
manner in which the relevant national department or province will ensure that
the policies, plans and programmes referred to in
paragraph (a) will comply with the principles set out in section 2 as
well as any national norms and standards as envisaged under section 146(2) (b)
(i) of the Constitution and set out by the
Minister, or by any other Minister, which have as their objective the
achievement, promotion, and protection of the environment;
(c) a description of the
manner in which the relevant national department or province will ensure that
its functions are exercised so as to ensure compliance with relevant
legislative provisions, including the principles set out in section 2, and any
national norms and standards envisaged under section 146(2) (b) (i) of the Constitution and set out by the Minister, or by
any other Minister, which have as their objective the achievement, promotion,
and protection of the environment; and
(d) recommendations
for the promotion of the objectives and plans for the implementation of the
procedures and regulations referred to in Chapter 5.
(2) The Minister may, after consultation with the Committee,
make regulations for the purpose of giving effect to subsections (1) (b) and
(c) .
14
Content of environmental management plans
Every environmental
management plan must contain-
(a) a description of the
functions exercised by the relevant department in respect of the environment;
(b) description of environmental norms
and standards, including norms and standards contemplated in section 146(2) (b)
(i) of the Constitution, set or applied by the
relevant department;
(c) a description of the
policies, plans and programmes of the relevant
department that are designed to ensure compliance with its policies by other
organs of state and persons;
(d) a description of
priorities regarding compliance with the relevant department's policies by
other organs of state and persons;
(e) a
description of the extent of compliance with the relevant department's policies
by other organs of state and persons;
(f) a description of
arrangements for co-operation with other national departments and spheres of
government, including any existing or proposed memoranda of understanding
entered into, or delegation or assignment of powers to other organs of state,
with a bearing on environmental management; and
(g) proposals for the promotion of
the objectives and plans for the implementation of the procedures and
regulations referred to in Chapter 5.
15
Submission, scrutiny and adoption of environmental implementation plans and
environmental management plans
(1) Every environmental
implementation plan and every environmental management plan must be submitted
to the Committee by a date to be set by the Minister.
(2) �� (a) The
Committee scrutinises every environmental
implementation plan and either recommends adoption of such plan or reports to
the Minister as well as every other Minister responsible for a department which
is represented on the Committee and every Provincial Premier concerned on the
extent to which the environmental implementation plan concerned fails to comply
with-
(i) the
principles in section 2;
(ii) the purpose and objectives of
environmental implementation plans; or
(iii) any relevant environmental
management plan,
and specifies changes needed in the environmental
implementation plan concerned.
(b) If the Committee recommends adoption of an
environmental implementation plan, then the relevant organ of state must adopt
and publish its plan in the relevant Gazette within 90 days of such
approval and the plan becomes effective from the date of such publication.
(3) Any difference or disagreement between the Committee and
a national department regarding either a failure to submit or the content of an
environmental implementation plan may, if it cannot be resolved by agreement
between the parties concerned, be referred by the Director-General for
determination by the Minister in consultation with the Ministers responsible
for the Department of Land Affairs, Department of Water Affairs and Forestry,
Department of Minerals and Energy and Department of Constitutional Development.
(4) Any difference or disagreement between the Committee and
a province regarding either a failure to submit or the content of an
environmental implementation plan may, if it cannot be resolved by agreement
between the parties concerned, be referred by the Director-General to
conciliation in accordance with Chapter 4 and if such conciliation fails, or
where the Director-General does not refer the dispute to conciliation, to the
Minister with a request for intervention in accordance with section 100 of the
Constitution: Provided that such disputes shall be dealt with in accordance
with the act contemplated in section 41(2) of the Constitution, once
promulgated.
(5) A national department which has submitted an
environmental management plan must adopt and publish its plan in the Gazette
within 90 days of such submission and the plan becomes effective from the
date of such publication.
(6) The exercise of functions by organs of state may not be
delayed or postponed on account of-
(a) the failure of any organ of state to submit an
environmental implementation plan;
(b) the scrutiny of any environmental
implementation plan by the Committee;
(c) the amendment of any environmental
implementation plan following scrutiny of the plan by the Committee;
(d) any difference or disagreement regarding any
environmental implementation plan and the resolution of that difference or
disagreement; or
(e) the failure of any organ of state to adopt and
publish its environmental implementation or management plan.
16
Compliance with environmental implementation plans and environmental management
plans
(1) ������������ (a) Every organ of state
must exercise every function it may have, or that has been assigned or
delegated to it, by or under any law, and that may significantly affect the
protection of the environment, substantially in accordance with the
environmental implementation plan or the environmental management plan
prepared, submitted and adopted by that organ of state in accordance with this
Chapter: Provided that any substantial deviation from an environmental
management plan or environmental implementation plan must be reported forthwith
to the Director-General and the Committee.
(b) Every organ of state must report annually within four months of the
end of its financial year on the implementation of its adopted environmental
management plan or environmental implementation plan to the Director-General
and the Committee.
(c) The Minister may, after consultation with the Committee, recommend
to any organ of state which has not submitted and adopted an environmental
implementation plan or environmental management plan, that it comply with a
specified provision of an adopted environmental implementation plan or
submitted environmental management plan.
(2) The Director-General monitors compliance with environmental implementation
plans and environmental management plans and may-
(a) take any steps or make any inquiries he or she deems fit in
order to determine if environmental implementation plans and environmental
management plans are being complied with by organs of state; and
(b) if, as a result of any steps taken or inquiry made
under paragraph (a) ,
he or she is of the opinion that an environmental implementation plan and an
environmental management plan is not substantially being complied with, serve a
written notice on the organ of state concerned, calling on it to take such
specified steps as the Director-General considers necessary to remedy the
failure of compliance.
(3) ��������� (a) Within
30 days of the receipt of a notice contemplated in subsection (2) (b) ,
an organ of state must respond to the notice in writing setting out any-
(i)� objections to the
notice;
(ii) steps
that will be taken to remedy failures of compliance; or
(iii) other
information that the organ of state considers relevant to the notice.
(b) After considering the representations from the organ of state and
any other relevant information, the Director-General must within 30 days of
receiving a response referred to in paragraph (a) issue a final notice-
(i) confirming, amending or
cancelling the notice referred to in subsection (2) (b) ;
(ii) specify steps and a time period within which
steps must be taken to remedy the failure of compliance.
(c) If, after compliance with the provisions of paragraphs (a) and
(b) there still remains a difference or disagreement between the organs
of state and the Director-General, the organ of state may request the Minister
to refer any difference or disagreement between itself and the Director-General
regarding compliance with an environmental implementation plan, or the steps
necessary to remedy a failure of compliance, to conciliation in accordance with
Chapter 4.
(d) Where an organ of state does not submit any difference or
disagreement to conciliation in accordance with paragraph (c) , or if
conciliation fails to resolve the matter, the Director-General may within 60
days of the final notice referred to in paragraph (b) if the matter has
not been submitted to conciliation, or within 30 days of the date of conciliation,
as the case may be-
(i) where the
organ of State belongs to the provincial sphere of government, request the
Minister to intervene in accordance with section 100 of the Constitution:
Provided that such a difference or disagreement must be dealt with in
accordance with the Act contemplated in section 41(2) of the Constitution once
promulgated;
(ii)
where the organ of State belongs to the local sphere of
government, request the MEC to intervene in accordance with section 139 of the
Constitution: Provided that such a difference or disagreement must be dealt
with in accordance with the Act contemplated in section 41(2) of the
Constitution once promulgated; or
(iii)� where the organ of
state belongs to the national sphere of government refer the matter for
determination by the Minister in consultation with the Ministers responsible
for the Department of Land Affairs, Department of Water Affairs and Forestry,
Department of Minerals and Energy and Department of Constitutional Development.
(4) Each provincial government must ensure that-
(a)
the relevant provincial environmental implementation plan is
complied with by each municipality within its province and for this purpose the
provisions of subsections (2) and (3) must apply with the necessary changes;
and
(b) municipalities adhere to the relevant environmental
implementation and management plans, and the principles contained in section 2
in the preparation of any policy, programme or plan,
including the establishment of integrated development plans and land
development objectives.
(5) The Director-General must keep a record of all
environmental implementation plans and environmental management plans, relevant
agreements between organs of state and any reports submitted under subsection
(1) (b) ; and such plans, reports and agreements must be available for
inspection by the public.
CHAPTER 4
FAIR DECISION-MAKING AND CONFLICT MANAGEMENT (ss
17-22)
(1) Any Minister, MEC or
Municipal Council-
(a) where a difference or
disagreement arises concerning the exercise of any of its functions which may
significantly affect the environment, or
(b) before whom an appeal
arising from a difference or disagreement regarding the protection of the
environment is brought under any law, may, before reaching a decision, consider
the desirability of first referring the matter to conciliation and-
(ii) must
if he, she or it considers conciliation appropriate either-
(aa) refer the matter to the
Director-General for conciliation under this Act; or
(bb) appoint a conciliator on the conditions,
including time-limits, that he, she or it may determine; or
(cc) where a conciliation or
mediation process is provided for under any other relevant law administered by
such Minister, MEC or Municipal Council, refer the matter for mediation or
conciliation under such other law; or
(ii)if he, she or it considers conciliation inappropriate or if
conciliation has failed, make a decision: Provided that the provisions of
section 4 of the Development Facilitation Act, 1995 ( Act
67 of 1995 ), shall prevail in respect of decisions in terms of that Act and
laws contemplated in subsection 1 (c) thereof.
(2) Anyone may request the Minister, a MEC or Municipal
Council to appoint a facilitator to call and conduct meetings of interested and
affected parties with the purpose of reaching agreement to refer a difference
or disagreement to conciliation in terms of this Act, and the Minister, MEC or
Municipal Council may, subject to section 22, appoint a facilitator and
determine the manner in which the facilitator must carry out his or her tasks,
including time-limits.
(3) A court or tribunal hearing a dispute regarding the
protection of the environment may order the parties to submit the dispute to a
conciliator appointed by the Director-General in terms of this Act and suspend
the proceedings pending the outcome of the conciliation.
(1) Where a matter has been
referred to conciliation in terms of this Act, the Director-General may, on the
conditions, including time-limits, that he or she may determine, appoint a
conciliator acceptable to the parties to assist in resolving a difference or
disagreement: Provided that if the parties to the difference or disagreement do
not reach agreement on the person to be appointed, the Director-General may
appoint a person who has adequate experience in or knowledge of conciliation of
environmental disputes.
(2) A conciliator appointed in terms of this Act must
attempt to resolve the matter-
(a) by obtaining such information
whether documentary or oral as is relevant to the resolution of the difference
or disagreement;
(b) by mediating the difference
or disagreement;
(c) by making recommendations
to the parties to the difference or disagreement; or
(d) in any other manner that he
or she considers appropriate.
(3) In carrying out his or her functions, a conciliator
appointed in terms of this Act must take into account the principles contained
in section 2.
(4) A conciliator may keep or cause to be kept, whether in
writing or by mechanical or electronic means, a permanent record of all or part
of the proceedings relating to the conciliation of a matter.
(5) Where such record has been kept, any member of the
public may obtain a readable copy of the record upon payment of a fee as
approved by Treasury.
(6) Where conciliation does not resolve the matter, a
conciliator may enquire of the parties whether they wish to refer the matter to
arbitration and may with their concurrence endeavour
to draft terms of reference for such arbitration.
(7) (a) The conciliator must submit a report to the
Director-General, the parties and the person who referred the matter for
conciliation, setting out the result of his or her conciliation, and indicating
whether or not an agreement has been reached.
(b) In the event of no agreement having been reached,
the report may contain his or her recommendations and reasons therefor.
(c) Where relevant, the report must contain the
conciliator's comments on the conduct of the parties.
(d) The report and any agreement reached as a result
of the conciliation must be available for inspection by the public and any
member of the public may obtain a copy thereof upon payment of a fee as
approved by Treasury.
(8) The Director-General may from time to time with the
concurrence of the Minister of Finance, appoint persons or organisations
with relevant knowledge or expertise to provide conciliation and mediation
services.
(1) A difference or
disagreement regarding the protection of the environment may be referred to
arbitration in terms of the Arbitration Act, 1965 (Act 42 of 1965).
(2) Where a dispute or disagreement referred to in
subsection (1) is referred to arbitration the parties thereto may appoint as
arbitrator a person from the panel of arbitrators established in terms of
section 21.
The Minister may at any time appoint one or more
persons to assist either him or her or, after consultation with a Municipal
Council or MEC or another national Minister, to assist such a Municipal Council
or MEC or another national Minister in the evaluation of a matter relating to
the protection of the environment by obtaining such information, whether
documentary or oral, as is relevant to such evaluation and to that end-
(a)
the Minister may by notice in the Gazette give such person
or persons the powers of a Commission of Inquiry under the Commissions Act,
1947 (Act 8 of 1947);
(b) the Minister may make rules by notice in the Gazette for
the conduct of the inquiry: Provided that the decision of the inquiry and the
reasons therefore must be reduced to writing;
(c) the
Director-General must designate, subject to the provisions of the Public
Service Act, 1994 (Proclamation 103 of 1994), as many officers and employees of
the Department as may be necessary to assist such person and any work may be
performed by a person other than such officer or employee at the remuneration
and allowances which the Minister with the concurrence of the Minister of
Finance may determine.
21
Appointment of panel and remuneration
(1) The Minister may, with the concurrence of
the Minister of Finance, determine remuneration and allowances, either in
general or in any particular case, to be paid from money appropriated by
Parliament for that purpose to any person or persons appointed in terms of this
Act to render facilitation, conciliation, arbitration or investigation
services, who are not in the full-time employment of the State.
(2) The Minister may create a panel or panels of persons
from which appointment of facilitators and arbitrators in terms of this Act may
be made, or contracts entered into in terms of this Act.
(3) The Minister may, pending the establishment of a panel
or panels in terms of subsection (2), adopt the panel established in terms of
section 31(1) of the Land Reform (Labour Tenants)
Act, 1996 (Act 3 of 1996).
22
Relevant considerations, report and designated officer
(1) Decisions under this Act concerning the
reference of a difference or disagreement to conciliation, the appointment of a
conciliator, the appointment of a facilitator, the appointment of persons to
conduct investigations, and the conditions of such appointment, must be made
taking into account-
(a) �the desirability of
resolving differences and disagreements speedily and cheaply;
(b) �the desirability of
giving indigent persons access to conflict resolution measures in the interest
of the protection of the environment;
(c) the desirability of
improving the quality of decision-making by giving interested and affected
persons the opportunity to bring relevant information to the decision-making
process;
(d) any representations made by
persons interested in the matter; and
(e) �such other
considerations relating to the public interest as may be relevant.
(2) (a) The Director-General
shall keep a record and prepare an annual report on environmental conflict
management for submission to the Committee and the Forum, for the purpose of
evaluating compliance and conflict management measures in respect of environmental
laws.
(b) The record and report referred to in paragraph (a)
may include the following:
�(i)� Proceedings under this chapter, including
reports of conciliators and agreements reached;
�(ii)� proceedings under Chapter 7, including complaints, charges
and judgements;
�(iii)� proceedings under other laws listed in Schedule 3;
�(iv)� proceedings by the Human Rights Commission and the Public
Protector.
(c) The Director-General shall designate an officer
to provide information to the public on appropriate dispute resolution
mechanisms for referral of disputes and complaints.
(d) The reports, records and agreements referred to
in this subsection must be available for inspection by the public.
CHAPTER 5
INTEGRATED ENVIRONMENTAL MANAGEMENT (ss 23-24I)
(1) The purpose of this
Chapter is to promote the application of appropriate environmental management
tools in order to ensure the integrated environmental management of activities.
(2) The general objective of integrated environmental
management is to-
(a) promote the integration of the
principles of environmental management set out in section 2 into the making of
all decisions which may have a significant effect on the environment;
(b) identify, predict and
evaluate the actual and potential impact on the environment, socio-economic
conditions and cultural heritage, the risks and consequences and alternatives
and options for mitigation of activities, with a view to minimising
negative impacts, maximising benefits, and promoting
compliance with the principles of environmental management set out in section
2;
(c) ensure that the effects of
activities on the environment receive adequate consideration before actions are
taken in connection with them;
(d) ensure
adequate and appropriate opportunity for public participation in decisions that
may affect the environment;
(e) ensure the consideration of
environmental attributes in management and decision-making which may have a
significant effect on the environment; and
(f) identify and employ the modes of
environmental management best suited to ensuring that a particular activity is
pursued in accordance with the principles of environmental management set out
in section 2.
(3) The Director-General must coordinate the activities of
organs of state referred to in section 24(1) and assist them in giving effect
to the objectives of this section and such assistance may include training, the
publication of manuals and guidelines and the co-ordination of procedures.
24
Environmental authorisations
(1) In order to give effect
to the general objectives of integrated environmental management laid down in
this Chapter, the potential impact on the environment of listed activities must
be considered, investigated, assessed and reported on to the competent
authority charged by this Act with granting the relevant environmental authorisation.
(2) The Minister, and every MEC with the concurrence of the
Minister, may identify-
(a) activities which may not commence
without environmental authorisation from the
competent authority;
(b) geographical
areas based on environmental attributes in which specified activities may not
commence without environmental authorisation from the
competent authority;
(c) geographical areas based on
environmental attributes in which specified activities may be excluded from authorisation by the competent authority;
(d) individual or generic existing
activities which may have a detrimental effect on the environment and in
respect of which an application for an environmental authorisation
must be made to the competent authority:
Provided that where an activity falls under the
jurisdiction of another Minister or MEC, a decision in respect of paragraphs (a)
to (d) must be taken after consultation with such other Minister or
MEC.
(3) The Minister, and every MEC with the concurrence of the
Minister, may compile information and maps that specify the attributes of the
environment in particular geographical areas, including the sensitivity,
extent, interrelationship and significance of such attributes which must be
taken into account by every competent authority.
(4)
Procedures for the investigation, assessment and communication of the potential
impact of activities must ensure, as a minimum, with respect to every
application for an environmental authorisation-
(a) investigation of the
environment likely to be significantly affected by the proposed activity and
alternatives thereto;
(b) investigation of the
potential impact of the activity and its alternatives on the environment and
assessment of the significance of that potential impact;
(c) investigation of
mitigation measures to keep adverse impacts to a minimum, as well as the option
of not implementing the activity;
(d) public
information and participation which provide all interested and affected
parties, including all organs of state in all spheres of government that may
have jurisdiction over any aspect of the activity, with a reasonable
opportunity to participate in such information and participation procedures;
(e) reporting on gaps in knowledge, the adequacy of predictive
methods and underlying assumptions, and uncertainties encountered in compiling
the required information;
(f) investigation and formulation of arrangements for the
monitoring and management of impacts, and the assessment of the effectiveness
of such arrangements after their implementation;
(g) coordination and
cooperation between organs of state in the consideration of assessments where
an activity falls under the jurisdiction of more than one organ of state;
(h) that the
findings and recommendations flowing from such investigation, the general
objectives of integrated environmental management laid down in this Act and the
principles of environmental management set out in section 2 are taken into
account in any decision made by an organ of state in relation to the proposed
policy, programme, plan or project; and
(i) that environmental attributes
identified in the compilation of information and maps as contemplated in
subsection (3) are considered.
(5) The Minister, and every MEC with the concurrence of the
Minister, may make regulations consistent with subsection (4)-
(a) laying
down the procedure to be followed in applying for, the issuing of and
monitoring compliance with environmental authorisations;
(b) laying
down the procedure to be followed and the institutional arrangements in respect
of-
(i) ��the efficient administration and processing of environmental
authorisations;
(ii) �fair decision-making
and conflict management in the consideration and processing of applications for
environmental authorisations;
(iii) the preparation and evaluation of environmental impact
assessments, strategic environmental assessments, environmental management
plans and any other relevant environmental management instruments that may be
developed in time;
(iv) applications to the competent authority by any person to be
exempted from the provisions of any regulation in respect of a specific
activity;
(v) appeals against decisions of competent authorities;
(c) prescribing fees to be paid for-
(i) the consideration and
processing of applications for environmental authorisations;
(ii) the review of documents, processes and procedures by
specialists on behalf of the competent authority;
(d) requiring
the provision of financial or other security to cover the risks to the State
and the environment of non-compliance with conditions attached to environmental
authorisations;
(e) specifying that
environmental impact assessments, or other specified tasks performed in
connection with an application for an environmental authorisation,
may only be performed by an environmental assessment practitioner registered in
accordance with the prescribed procedures;
(f) requiring
that competent authorities maintain a registry of applications for, and records
of decisions in respect of, environmental authorisations;
(g) specifying
that a contravention of a specified regulation is an offence and prescribing
penalties for the contravention of that regulation;
(h) prescribing minimum
criteria for the report content for each type of report and for each process
that is contemplated in terms of the regulations in order to ensure a
consistent quality and to facilitate efficient evaluation of reports;
(i) prescribing review mechanisms and
procedures including criteria for, and responsibilities of all parties in, the
review process;
(j) prescribing any other matter
necessary for dealing with making and evaluating applications for environmental
authorisations.
(6) An MEC may make regulations in terms of subsection (5)
only in respect of listed activities or areas in respect of which the MEC is
the competent authority.
(7) Compliance with the procedure laid
down by the Minister or an MEC in terms of subsection (4) does not remove the
need to obtain an authorisation, other than an
environmental authorisation, for that activity from
any organ of state charged by law with authorising,
permitting or otherwise allowing the implementation of the activity.
(8) Authorisations or permits
obtained under any other law for an activity listed or specified in terms of
this Act does not absolve the applicant from obtaining authorisation
under this Act and any such other authorisations or
permits may only be considered by the competent authority if they are in
compliance with subsection (4) (d) .
(9) Only the Minister may make regulations in accordance
with subsection (5) stipulating the procedure to be followed and the report to
be prepared in investigating, assessing and communicating potential impacts for
the purpose of complying with subsection (1) where the activity will affect-
(a) more
than one province or traverse international boundaries; or
(b) compliance
with obligations resting on the Republic under customary international law or a
convention.
[S. 24 substituted by s. 2 of Act 8 of 2004.]
24A
Procedure for listing activity or area
Before identifying any activity or area in terms
of section 24(2), the Minister or MEC, as the case may be, must publish a
notice in the relevant Gazette -
(a) specifying, through description, a
map or any other appropriate manner, the activity or area that it is proposing
to list;
(b) inviting interested parties to
submit written comments on the proposed listing within a period specified in
the notice.
[S. 24A inserted by s. 3 of Act 8 of 2004.]
24B
Procedure for delisting of activities or areas
(1) The Minister may delist
an activity or area identified by the Minister in terms of section 24(2).
(2) An MEC may, with the concurrence of the Minister, delist
an activity or area identified by the MEC in terms of section 24(2).
(3) The Minister or MEC, as the case may be, must comply
with section 24A, read with the changes required by the context, before
delisting an activity or area in terms of this section.
[S. 24B inserted by s. 3 of Act 8 of 2004.]
24C
Procedure for identifying the competent authority
(1) When listing activities
in terms of section 24(2) the Minister, or the MEC
with the concurrence of the Minister, must identify the competent authority
responsible for granting environmental authorisations
in respect of those activities.
(2) The Minister must be identified as the competent
authority in terms of subsection (1) if the activity-
(a) has implications for national environmental policy or
international environmental commitments or relations;
(b) will take place within
an area identified in terms of section 24(2) (b) or (c) as a
result of the obligations resting on the Republic in terms of any international
environmental instrument, other than any area falling within the sea-shore, a
conservancy, a protected natural environment, a proclaimed private nature
reserve, a natural heritage site, or the buffer zone or transitional area of a
biosphere reserve or a world heritage site;
(c) will affect more than one
province or traverse international boundaries;
(d) is
undertaken, or is to be undertaken, by-
(i) a national department;
(ii) a provincial department responsible for environmental
affairs; or
(iii) a statutory body, excluding any municipality, performing an
exclusive competence of the national sphere of government; or
(e) will
take place within a national proclaimed protected area or other conservation
area under control of a national authority.
(3) The Minister and an MEC may agree that applications for
environmental authorisations with regard to any
activity or class of activities-
(a) contemplated in subsection (2) may be dealt with by the MEC;
(b) in respect of which the
MEC is identified as the competent authority may be dealt with by the Minister.
[S. 24C inserted by s. 3 of Act 8 of 2004.]
The Minister or MEC, as the
case may be, must publish in the relevant Gazette a notice listing
activities and areas identified in terms of section 24(2) and listing the
competent authorities identified in terms of section 24C and the date on which
the list is to come into effect.
[S. 24D inserted by s. 3 of Act 8 of 2004.]
24E
Minimum conditions attached to environmental authorisations
Every environmental authorisation must as a minimum ensure that-
(a) adequate provision is made for the ongoing management and
monitoring of the impacts of the activity on the environment throughout the
life cycle of the activity;
(b) the property, site or area is specified; and
(c) provision is made for the transfer of rights and obligations
when there is a change of ownership in the property.
[S. 24E inserted by s. 3 of Act 8 of 2004.]
24F
Offences relating to commencement or continuation of listed activity
(1) Notwithstanding the
provisions of any other Act, no person may commence an activity listed in terms
of section 24(2) (a) or (b) unless the competent authority has
granted an environmental authorisation for the
activity, and no person may continue an existing activity listed in terms of
section 24(2) (d) if an application for an environmental authorisation is refused.
(2) It is an offence for any person to contravene subsection
(1) or the conditions applicable to any environmental authorisation
granted for a listed activity.
(3) It is a defence to a charge in
terms of subsection (2) to show that the activity was commenced or continued in
response to an emergency so as to protect human life, property or the
environment.
(4) A person convicted of an offence in terms of subsection
(2) is liable to a fine not exceeding R5 million or to imprisonment for a
period not exceeding ten years, or to both such fine and such imprisonment.
[S. 24F inserted by s. 3 of Act 8 of 2004.]
24G
Rectification of unlawful commencement or continuation of listed activity
(1) On application by a
person who has committed an offence in terms of section 24F(2)
the Minister or MEC, as the case may be, may direct the applicant to-
(a) �compile a report
containing-
(i) an assessment of the nature,
extent, duration and significance of the impacts of the activity on the
environment, including the cumulative effects;
(ii) a description of mitigation measures undertaken or to be undertaken
in respect of the impacts of the activity on the environment;
(iii) a
description of the public participation process followed during the course of
compiling the report, including all comments received from interested and
affected parties and an indication of how issues raised have been addressed;
(iv) an environmental management plan; and
(b) �provide such other
information or undertake such further studies as the Minister or MEC may deem
necessary.
(2) Upon the payment by the person of an administration fine
not exceeding R1 million as determined by the competent authority, the Minister
or MEC concerned must consider the report contemplated in subsection (1) and
thereafter may-
(a) direct the person to
cease the activity, either wholly or in part, and to rehabilitate the
environment within such time and subject to such conditions as the Minister or
MEC may deem necessary; or
(b) issue an environmental authorisation to such person subject to such conditions as
the Minister or MEC may deem necessary.
(3) A person who fails to comply with a directive
contemplated in subsection (2) (a) or who contravenes or fails to comply
with a condition contemplated in subsection (2) (b) is guilty of an
offence and liable on conviction to a penalty contemplated in section 24F(4).
[S. 24G inserted by s. 3 of Act 8 of 2004.]
(1) An association proposing
to register its members as environmental assessment practitioners may apply to
the Minister to be appointed as a registration authority in such manner as the
Minister may prescribe.
(2) The application must contain-
(a) the constitution of the
association;
(b) a list of the members of
the association;
(c) a description of the
criteria and process to be used to register environmental assessment
practitioners;
(d) a list of the
qualifications of the members of the association responsible for the assessment
of applicants for registration;
(e) a code of conduct
regulating the ethical and professional conduct of members of the association;
and
(f) any other prescribed
requirements.
(3) After considering an application, and any other
additional information that the Minister may require, the Minister may-
(a) by
notice in the Gazette , appoint the association as a registration
authority; or
(b) in writing addressed to
the association, refuse the application, giving reasons for such refusal.
(4) The Minister may, for good cause and in writing
addressed to the association, terminate the appointment of an association as a
registration authority.
(5) The Minister must maintain a register of all
associations appointed as registration authorities in terms of this section.
[S. 24H inserted by s. 3 of Act 8 of 2004.]
24I
Appointment of external specialist to review assessment
The Minister or MEC may
appoint an external specialist reviewer, and may recover costs from the
applicant, in instances where-
(a) the technical knowledge
required to review any aspect of an assessment is not readily available within
the competent authority;
(b) a high level of
objectivity is required which is not apparent in the documents submitted, in
order to ascertain whether the information contained in such documents is
adequate for decision-making or whether it requires amendment.
[S.
24I inserted by s. 3 of Act 8 of 2004.]
CHAPTER 6
INTERNATIONAL OBLIGATIONS AND AGREEMENTS (ss 25-27)
25 Incorporation of international environmental
instruments
(1) Where the Republic is not
yet bound by an international environmental instrument, the Minister may make a
recommendation to Cabinet and Parliament regarding accession to and
ratification of an international environmental instrument, which may deal with
the following:
(a) Available resources to
ensure implementation;
(b) views
of interested and affected parties;
(c) benefits
to the Republic;
(d) disadvantages
to the Republic;
(e) the
estimated date when the instrument is to come into effect;
(f) the estimated date when the
instrument will become binding on the Republic;
(g) the
minimum number of states required to sign the instrument in order for it to
come into effect;
(h) the
respective responsibilities of all national departments involved;
(i) the potential impact of accession on
national parties;
(j) reservations to be made, if any; and
(k) any
other matter which in the opinion of the Minister is relevant.
(2) Where the Republic is a party to an international
environmental instrument the Minister, after compliance with the provisions of
section 231(2) and (3) of the Constitution, may publish the provisions of the
international environmental instrument in the Gazette and any amendment
or addition to such instrument.
(3) The Minister may introduce legislation in Parliament or
make such regulations as may be necessary for giving effect to an international
environmental instrument to which the Republic is a party, and such legislation
and regulations may deal with inter alia the following-
(a) the co-ordination of the
implementation of the instrument;
(b) the
allocation of responsibilities in terms of the instrument, including those of
other organs of state;
(c) the
gathering of information, including for the purposes of compiling and updating
reports required in terms of the instrument and for submission to Parliament;
(d) the
dissemination of information related to the instrument and reports from
international meetings;
(e) initiatives
and steps regarding research, education, training, awareness raising and
capacity building;
(f) ensuring public participation;
(g) implementation
of and compliance with the provisions of the instrument, including the creation
of offences and the prescription of penalties where applicable; and
(h) any
other matter necessary to give effect to the instrument.
(4) The Minister may prior to a recommendation referred to
in subsection (1), publish a notice in the Gazette , stating his or her
intention to make such recommendation and inviting written comments.
(1) The Minister must report
to Parliament once a year regarding international environmental instruments for
which he or she is responsible and such report may include details on-
(a) participation in international
meetings concerning international environmental instruments;
(b) progress in implementing
international environmental instruments to which the Republic is a party;
(c) preparations undertaken in respect
of international instruments to which the Republic is likely to become a party;
(d) initiatives
and negotiations within the region of
(e) the
efficacy of co-ordination mechanisms; and
(f) legislative
measures that have been taken and the time frames within which it is envisaged
that their objectives will be achieved.
(2) (a) The Minister must
initiate an Annual Performance Report on Sustainable Development to meet the
government's commitment to Agenda 21.
(b) (i)
The Annual Performance Report must cover all relevant activities of all
national departments and spheres of government.
(ii) All relevant organs of state must provide information
to the Minister by a date to be determined by the Minister for the purposes of
the report referred to in paragraph (a) and this may consist of an
assembly of information compiled for other purposes.
(c) The Minister may appoint persons as he or she
considers necessary to act as a Secretariat to ensure preparation of the
report.
(d) The purpose of the report shall be to-
(i) provide an audit and a report
of the government's performance in respect of Agenda 21;
(ii) review procedures for co-ordinating
policies and budgets to meet the objectives of Agenda 21; and
(iii) review progress on a public educational programme
to support the objectives of Agenda 21.
(1) This Chapter applies to
any international environmental instrument whether the Republic became a party
to it before or after the coming into force of this Act.
(2) The provisions of any international environmental
instrument published in accordance with this section are evidence of the
contents of the international environmental instrument in any proceedings or
matter in which the provisions of the instrument come into question.
CHAPTER 7 COMPLIANCE, ENFORCEMENT AND PROTECTION (ss 28-34)
Part 1 Environmental
hazards, access to information and protection of whistleblowers (ss 28-31)
[Heading to Part 1 substituted by s. 2 of Act 46
of 2003.]
28
Duty of care and remediation of environmental damage
(1) Every person who causes,
has caused or may cause significant pollution or degradation of the environment
must take reasonable measures to prevent such pollution or degradation from
occurring, continuing or recurring, or, in so far as such harm to the
environment is authorised by law or cannot reasonably
be avoided or stopped, to minimise and rectify such
pollution or degradation of the environment.
(2) Without limiting the generality of the duty in
subsection (1), the persons on whom subsection (1) imposes an obligation to
take reasonable measures, include an owner of land or premises, a person in
control of land or premises or a person who has a right to use the land or
premises on which or in which-
(a) any
activity or process is or was performed or undertaken; or
(b) any
other situation exists, which causes, has caused or is likely to cause
significant pollution or degradation of the environment.
(3) The measures required in terms of subsection (1) may
include measures to-
(a) investigate, assess and evaluate
the impact on the environment;
(b) inform and educate employees
about the environmental risks of their work and the manner in which their tasks
must be performed in order to avoid causing significant pollution or
degradation of the environment;
(c) cease, modify or control any
act, activity or process causing the pollution or degradation;
(d) contain
or prevent the movement of pollutants or the causant
of degradation;
(e) eliminate
any source of the pollution or degradation; or
(f) remedy the effects of the
pollution or degradation.
(4) The Director-General or a provincial head of department
may, after consultation with any other organ of state concerned and after
having given adequate opportunity to affected persons to inform him or her of
their relevant interests, direct any person who fails to take the measures
required under subsection (1) to-
(a) investigate,
evaluate and assess the impact of specific activities and report thereon;
(b) commence
taking specific reasonable measures before a given date;
(c) diligently
continue with those measures; and
(d) complete
them before a specified reasonable date:
Provided that the Director-General or a provincial head of department may, if
urgent action is necessary for the protection of the environment, issue such
directive, and consult and give such opportunity to inform as soon thereafter
as is reasonable.
(5) The Director-General or a provincial head of department,
when considering any measure or time period envisaged in subsection (4), must
have regard to the following:
(a) the principles set out in
section 2;
(b) the provisions of any
adopted environmental management plan or environmental implementation plan;
(c) the severity of any impact
on the environment and the costs of the measures being considered;
(d) any measures proposed by
the person on whom measures are to be imposed;
(e) the desirability of the
State fulfilling its role as custodian holding the environment in public trust
for the people;
(f) any other relevant factors.
(6) If a person required under this Act to undertake
rehabilitation or other remedial work on the land of another, reasonably
requires access to, use of or a limitation on use of that land in order to
effect rehabilitation or remedial work, but is unable to acquire it on
reasonable terms, the Minister may-
(a) expropriate the
necessary rights in respect of that land for the benefit of the person
undertaking the rehabilitation or remedial work, who will then be vested with
the expropriated rights; and
(b) recover from the person for
whose benefit the expropriation was effected all costs incurred.
(7) Should a person fail to
comply, or inadequately comply, with a directive under subsection (4), the
Director-General or provincial head of department may take reasonable measures
to remedy the situation.
(8) Subject to subsection (9), the Director-General or
provincial head of department may recover all costs incurred as a result of it
acting under subsection (7) from any or all of the following persons-
(a) any person who is or was
responsible for, or who directly or indirectly contributed to, the pollution or
degradation or the potential pollution or degradation;
(b) the owner of the land at
the time when the pollution or degradation or the potential for pollution or
degradation occurred, or that owner's successor in title;
(c) the
person in control of the land or any person who has or had a right to use the
land at the time when-
(i) the activity or the process is
or was performed or undertaken; or
(ii) the situation came about; or
(d) any person who negligently
failed to prevent-
(i) the activity or the process
being performed or undertaken; or
(ii) the situation from coming about: Provided that such person
failed to take the measures required of him or her under subsection (1).
(9) The Director-General or provincial head of department
may in respect of the recovery of costs under subsection (8), claim proportionally
from any other person who benefited from the measures undertaken under
subsection (7).
(10) The costs claimed under subsections (6), (8) and (9)
must be reasonable and may include, without being limited to, labour, administrative and
overhead costs.
(11) If more than one person is liable under subsection (8),
the liability must be apportioned among the persons concerned according to the
degree to which each was responsible for the harm to the environment resulting
from their respective failures to take the measures required under subsections
(1) and (4).
(12) Any person may, after giving the Director-General or
provincial head of department 30 days' notice, apply to a competent court for
an order directing the Director-General or any provincial head of department to
take any of the steps listed in subsection (4) if the Director-General or
provincial head of department fails to inform such person in writing that he or
she has directed a person contemplated in subsection (8) to take one of those
steps, and the provisions of section 32(2) and (3) shall apply to such
proceedings with the necessary changes.
(13) When considering any application in terms of subsection
(12), the court must take into account the factors set out in subsection (5).
29
Protection of workers refusing to do environmentally hazardous work
(1) Notwithstanding the
provisions of any other law, no person is civilly or criminally liable or may
be dismissed, disciplined, prejudiced or harassed on account of having refused
to perform any work if the person in good faith and reasonably believed at the
time of the refusal that the performance of the work would result in an
imminent and serious threat to the environment.
(2) An employee who has refused to perform work in terms of
subsection (1) must as soon thereafter as is reasonably practicable notify the
employer either personally or through a representative that he or she has
refused to perform work and give the reason for the refusal.
(3) Subsection (1) applies whether or not the person
refusing to work has used or exhausted any other applicable external or
internal procedure or otherwise remedied the matter concerned.
(4) No person may advantage or promise to advantage any person
for not exercising his or her right in terms of subsection (1).
(5) No person may threaten to take any action contemplated
by subsection (1) against a person because that person has exercised or intends
to exercise his or her right in terms of subsection (1).
30
Control of emergency incidents
(1) In this section-
(a) "incident" means an unexpected sudden occurrence,
including a major emission, fire or explosion leading to serious danger to the
public or potentially serious pollution of or detriment to the environment,
whether immediate or delayed.
(b) "responsible person" includes any person who-
(i) is responsible for the
incident;
(ii) owns any hazardous substance involved in the incident; or
(iii) was in control of any hazardous substance involved in the
incident at the time of the incident;
(c) "relevant authority" means-
(i) a municipality with
jurisdiction over the area in which an incident occurs;
(ii) a provincial head of department or any other provincial official
designated for that purpose by the MEC in a province in which an incident
occurs;
(iii) the Director-General;
(iv) any other Director-General of a national department.
(2) Where this section authorises a relevant authority to take any steps, such
steps may only be taken by-
(a) the person referred to in
subsection (1) (c) (iv) if no steps have been taken by any of the other
persons listed in subsection (1) (c) ;
(b) the person referred to
in subsection (1) (c) (iii) if no steps have been taken by any of the
persons listed in subsection (1) (c) (i) and (c)
(ii);
(c) the person referred to
in subsection (1) (c) (ii) if no steps have been taken by the person
listed in subsection (1) (c) (i):
Provided that any relevant authority may nevertheless take such steps if it is
necessary to do so in the circumstances and no other person referred to in
subsection (1) (c) has yet taken such steps.
(3) The responsible person or, where the incident occurred
in the course of that person's employment, his or her employer must forthwith
after knowledge of the incident, report through the most effective means
reasonably available-
(a) �the nature of the
incident;
(b) �any risks posed by
the incident to public health, safety and property;
(c) �the toxicity of
substances or by-products released by the incident; and
(d) �any steps that should
be taken in order to avoid or minimise the effects of
the incident on public health and the environment to-
(i) the Director-General;
(ii) the South African Police Services and the relevant fire
prevention service;
(iii) the relevant provincial head of department or municipality;
and
(iv) all persons whose health may be affected by the incident.
(4) The responsible person or, where the incident occurred in
the course of that person's employment, his or her employer, must, as soon as
reasonably practicable after knowledge of the incident-
(a) take all reasonable measures
to contain and minimise the effects of the incident,
including its effects on the environment and any risks posed by the incident to
the health, safety and property of persons;
(b) undertake
clean-up procedures;
(c) remedy
the effects of the incident;
(d) assess
the immediate and long-term effects of the incident on the environment and public
health;
(5) The responsible person or, where the incident occurred
in the course of that person's employment, his or her employer, must, within 14
days of the incident, report to the Director-General, provincial head of
department and municipality such information as is available to enable an
initial evaluation of the incident, including-
(a) the
nature of the incident;
(b) the
substances involved and an estimation of the quantity released and their
possible acute effect on persons and the environment and data needed to assess
these effects;
(c) initial
measures taken to minimise impacts;
(d) causes of the incident,
whether direct or indirect, including equipment, technology, system, or
management failure; and
(e) measures taken and to be taken
to avoid a recurrence of such incident.
(6) A relevant authority may direct the responsible person
to undertake specific measures within a specific time to fulfil
his or her obligations under subsections (4) and (5): Provided that the
relevant authority must, when considering any such measure or time period, have
regard to the following:
(a) the principles set out in
section 2;
(b) the severity of any impact
on the environment as a result of the incident and the costs of the measures
being considered;
(c) any measures already taken
or proposed by the person on whom measures are to be imposed, if applicable;
(d) the desirability of the
state fulfilling its role as custodian holding the environment in public trust
for the people;
(e) any other relevant factors.
(7) A verbal directive must be confirmed in writing at the
earliest opportunity, which must be within seven days.
(8) Should-
(a) the responsible person fail
to comply, or inadequately comply with a directive under subsection (6);
(b) there be uncertainty as to
who the responsible person is; or
(c) there be an immediate risk of
serious danger to the public or potentially serious detriment to the
environment,
a relevant authority may take the measures it
considers necessary to-
(i) contain and minimise the effects of the incident;
(ii)
undertake clean-up procedures; and
(iii)
remedy the effects of the incident.
(9) A relevant authority may claim reimbursement of all
reasonable costs incurred by it in terms of subsection (8) from every
responsible person jointly and severally.
(10) A relevant authority which has taken steps under
subsections (6) or (8) must, as soon as reasonably practicable, prepare
comprehensive reports on the incident, which reports must be made available
through the most effective means reasonably available to-
(a) the public;
(b) the Director-General;
(c) the South African Police
Services and the relevant fire prevention service;
(d) the relevant provincial
head of department or municipality; and
(e) all persons who may be
affected by the incident.
31
Access to environmental information and protection of whistle-blowers
(1) Access to information
held by the State is governed by the statute contemplated under section 32(2)
of the Constitution: Provided that pending the promulgation of such statute,
the following provisions shall apply:
(a) every
person is entitled to have access to information held by the State and organs
of state which relates to the implementation of this Act and any other law
affecting the environment, and to the state of the environment and actual and
future threats to the environment, including any emissions to water, air or
soil and the production, handling, transportation, treatment, storage and
disposal of hazardous waste and substances;
(b)
organs of state are entitled to have access to information relating to the
state of the environment and actual and future threats to the environment,
including any emissions to water, air or soil and the production, handling,
transportation, treatment, storage and disposal of hazardous waste held by any
person where that information is necessary to enable such organs of state to
carry out their duties in terms of the provisions of this Act or any other law
concerned with the protection of the environment or the use of natural
resources;
(c) a request for information contemplated in paragraph (a) can
be refused only:
(i)
if the request is manifestly unreasonable or
formulated in too general a manner;
(ii) if
the public order or national security would be negatively affected by the
supply of the information; or
(iii) for
the reasonable protection of commercially confidential information;
(iv) if
the granting of information endangers or further endangers the protection of
the environment; and
(v) for
the reasonable protection of personal privacy.
(2) Subject to subsection (3), the Minister may make
regulations regarding access by members of the public to privately held
information relating to the implementation of this Act and any other law
concerned with the protection of the environment and may to this end prescribe
the manner in which such information must be kept: Provided that such
regulations are reasonable and justifiable in an open and democratic society
based on human dignity, equality and freedom.
(3) The Minister must take into account-
(a) the principles set out in
section 2:
(b) the provisions of subsection
(1) (c) ;
(c) the provisions of
international law and foreign law; and
(d) any other relevant
considerations.
(4) Notwithstanding the provisions of any other law, no
person is civilly or criminally liable or may be dismissed, disciplined,
prejudiced or harassed on account of having disclosed any information, if the
person in good faith reasonably believed at the time of the disclosure that he
or she was disclosing evidence of an environmental risk and the disclosure was
made in accordance with subsection (5);
(5) Subsection (4) applies only if the person concerned-
(a) disclosed the information
concerned to-
(i)
a committee of Parliament or of a provincial
legislature;
(ii) an organ of state responsible for protecting any aspect of
the environment or emergency services;
(iii) the
Public Protector
(iv) the
Human Rights Commission;
(v) any
attorney-general or his or her successor;
(vi) more
than one of the bodies or persons referred to in subparagraphs (i) to (v);
(b) disclosed the information
concerned to one or more news media and on clear and convincing grounds
believed at the time of the disclosure-
(i) that the disclosure was
necessary to avert an imminent and serious threat to the environment, to ensure
that the threat to the environment was properly and timeously
investigated or to protect himself or herself against serious or irreparable
harm from reprisals; or
(ii) giving due weight to the importance of open, accountable and
participatory administration, that the public interest in disclosure of the
information clearly outweighed any need for non-disclosure;
(c) disclosed the
information concerned substantially in accordance with any applicable external
or internal procedure, other than the procedure contemplated in paragraph (a)
or (b) , for reporting or otherwise remedying the matter concerned;
or
(d) disclosed
information which, before the time of the disclosure of the information, had
become available to the public, whether in the Republic or elsewhere.
(6) Subsection (4) applies whether or not the person
disclosing the information concerned has used or exhausted any other applicable
external or internal procedure to report or otherwise remedy the matter
concerned.
(7) No person may advantage or promise to advantage any
person for not exercising his or her right in terms of subsection (4).
(8) No person may threaten to take any action contemplated
by subsection (4) against a person because that person has exercised or intends
to exercise his or her right in terms of subsection (4).
Part 2 ......
[Heading to Part 2 deleted by s. 3 of Act 46 of 2003.]
Part 2
Application and enforcement of Act and specific environmental management Acts (ss 31A-31Q)
[Part 2
inserted by s. 4 of Act 46 of 2003.]
(1) This Part applies to the
enforcement of this Act and the specific environmental management Acts.
(2) In this Part, unless inconsistent with the context, a
word or expression to which a meaning has been assigned in a specific
environmental management Act has, in relation to the administration or
enforcement of that Act, the meaning assigned to it in that Act.
(3) For the purposes of this Part, Schedule 1 to the
Criminal Procedure Act, 1977 (Act 51 of 1977), is deemed to include an offence
committed in terms of this Act or a specific environmental management Act.
[S. 31A inserted by s. 4 of Act 46 of 2003.]
31B
Designation of environmental management inspectors by Minister
(1) The Minister may-
(a) designate
as an environmental management inspector, any staff member of-
(i) the
Department; or
(ii)
any other organ of state; and
(b) at any time withdraw a
designation made in terms of paragraph (a) .
(2) A designation in terms of subsection (1) (a) (ii)
may only be made by agreement between the Minister and the relevant organ of
state.
[S. 31B inserted by s. 4 of Act 46 of 2003.]
31C
Designation of environmental management inspectors by MEC
(1) An MEC may-
(a) designate
as an environmental management inspector, any staff member of-
(i) the department responsible for
environmental management in the province;
(ii) any
other provincial organ of state; or
(iii) any municipality in the province; and
(b) at
any time withdraw a designation made in terms of paragraph (a) .
(2) A designation in terms of subsection (1) (a) (ii)
or (iii) may only be made by agreement between the
relevant MEC and the relevant provincial organ of state or municipality.
[S. 31C inserted by s. 4 of Act 46 of 2003.]
(1) When designating a person
as an environmental management inspector, the Minister or MEC must, subject to
subsection (2), determine whether the person concerned is designated for the
enforcement of-
(a) this Act;
(b) a specific environmental
management Act;
(c) specific provisions of this
Act or a specific environmental management Act;
(d) this Act and all specific
environmental management Acts; or
(e) any combination of those
Acts or provisions of those Acts.
(2) An MEC may designate a person as an environmental
management inspector for the enforcement of only those provisions of this Act
or any specific environmental management Act-
(a) which are administered by the MEC or a provincial organ of
state; or
(b) in respect of which the MEC or a provincial organ of state
exercises or performs assigned or delegated powers or duties.
(3) A person designated as an environmental management
inspector may exercise any of the powers given to environmental management
inspectors in terms of this Act that are necessary for the inspector's mandate
in terms of subsection (1) and that may be specified by the Minister or MEC by
notice in writing to the inspector.
[S. 31D inserted by s. 4 of Act 46 of 2003.]
(1) The Minister may
prescribe-
(a) qualification criteria for
environmental management inspectors; and
(b) training that must be completed
by environmental management inspectors.
(2) The Minister may only prescribe criteria and training in
terms of subsection (1) after consultation with the Minister responsible for
safety and security.
[S. 31E inserted by s. 4 of Act 46 of 2003.]
(1) A prescribed identity
card must be issued to each person designated as an environmental management
inspector.
(2) When exercising any powers or performing any duties in
terms of this Act or a specific environmental management Act, an environmental
management inspector must, on demand by a member of the public, produce the
identity card and the notice issued to the inspector in terms of section
31D(3).
[S. 31F inserted by s. 4 of Act 46 of 2003.]
(1) An environmental
management inspector within his or her mandate in terms of section 31D-
(a) must monitor and enforce
compliance with a law for which he or she has been designated in terms of that
section;
(b) may investigate any act or omission in respect of which
there is a reasonable suspicion that it might constitute-
(i)
an offence in terms of such law;
(ii) a
breach of such law; or
(iii) a breach of a term or condition of a permit, authorisation or other instrument issued �in terms of such law.
(2) An environmental management inspector-
(a) must carry out his or her
duties and exercise his or her powers-
(i) in accordance with any instructions
issued by the Minister or MEC, as the case may be; and
(ii) subject to any limitations and in accordance with any
procedures that may be prescribed; and
(b) may be accompanied by an interpreter or any other person
whose assistance may reasonably be required;
(c) must exercise his or her
powers in a way that minimises any damage to, loss or
deterioration of any premises or thing.
[S. 31G inserted by s. 4 of Act 46 of 2003.]
(1) An environmental management inspector, within his or her
mandate in terms of section 31D, may-
(a) question a person about any act
or omission in respect of which there is a reasonable suspicion that it might
constitute-
(i) an offence in terms of a law
for which that inspector has been designated in terms of that section;
(ii) a breach of such law; or
(iii) a breach of a term or condition of a permit, authorisation or other instrument issued in terms of such
law;
(b) issue a written notice to a
person who refuses to answer questions in terms of paragraph (a) ,
requiring that person to answer questions put to him or her in terms of that
paragraph;
(c) inspect, or question a person
about, any document, book or record or any written or electronic information-
(i) which may be
relevant for the purpose of paragraph (a) ; or
(ii)
to which this Act or a specific
environmental management Act relates;
(d) copy, or make extracts
from, any document, book or record or any written or electronic information
referred to in paragraph (c) , or remove such document, book, record or
written or electronic information in order to make copies or extracts;
(e) require a person to
produce or deliver to a place specified by the inspector, any document, book or
record or any written or electronic information referred to in paragraph (c)
for inspection;
(f) inspect, question a
person about, and if necessary remove any specimen, article, substance or other
item which, on reasonable suspicion, may have been used in-
(i) committing an offence in terms
of the law for which that inspector has been designated in terms of section
31D;
(ii) �breaching such law;
or
(iii)� breaching a term or
condition of a permit, authorisation or other
instrument issued in terms of such law;
(g) take photographs or make
audio-visual recordings of anything or any person that is relevant for the
purposes of an investigation;
(h) dig
or bore into the soil;
(i) take samples;
(j) remove any waste or
other matter deposited or discharged in contravention of the law for which that
inspector has been designated in terms of section 31D or a term or condition of
a permit, authorisation or other instrument issued in
terms of such law; or
(k) carry
out any other prescribed duty not inconsistent with this Act and any other duty
that may be prescribed in terms of a specific environmental management Act.
(2) A written notice issued in terms of subsection (1) (b)
must be in the prescribed format and must require a person to answer
specified questions either orally or in writing, and either alone or in the
presence of a witness, and may require that questions are answered under oath
or affirmation.
(3) A person who receives a written notice in terms of
subsection (1) (b) ,
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 this Act or a
specific environmental management Act.
(4) An environmental management inspector must-
(a) provide
a receipt for-
(i) �any document, book, record or written or electronic
information removed in terms of subsection (1) (d) ; or
(ii) �any specimen,
article, substance or other item removed in terms of subsection (1) (f) ;
and
(b) return
anything removed within a reasonable period or, subject to section 34D, at the
conclusion of any relevant criminal proceedings.
(5) In addition to the powers set out in this Part, an
environmental management inspector, within his or her mandate in terms of
section 31D, has all the powers assigned in terms of
Chapters 2, 5, 7 and 8 of the Criminal Procedure Act, 1977, to a police
official who is not a commissioned officer.
[S. 31H inserted by s. 4 of Act 46 of 2003.]
(1) The provisions of sections 30 to 34 of the Criminal
Procedure Act, 1977, apply to the disposal of anything seized in terms of this
Part, subject to such modifications as the context may require.
(2) When an item is seized in terms of this Part, the
environmental management inspector may request the person who was in control of
the item immediately before the seizure of the item, to take it to a place
designated by the inspector, and if the person refuses to take the item to the
designated place, the inspector may do so.
(3) In order to safeguard a vehicle, vessel or aircraft that
has been seized, the environmental management inspector may immobilise
it by removing a part.
(4) An item seized in terms of this section, including a
part of a vehicle, vessel or aircraft referred to in subsection (3), must be
kept in such a way that it is secured against damage.
(5) An environmental management inspector may-
(a) in the case of a
specimen of a threatened or protected species or alien species being imported
into the Republic, at the port of entry, request the person responsible for the
import or that person's agent, to produce the original copies of the import
permit, together with such other documentation as may be required; and
(b) in
the case of a specimen of a threatened or protected species, being exported or
re-exported from the Republic, at the port of exit, request the person
responsible for the export or re-export or that person's agent to produce the
original copy of the export or re-export permit, together with such other
documentation as may be required.
[S. 31I inserted by s. 4 of Act 46 of 2003.]
31J
Powers to stop, enter and search vehicles, vessels and aircraft
(1) An environmental management inspector, within his or her
mandate in terms of section 31D, may, without a warrant, enter and search any
vehicle, vessel or aircraft, or search any pack-animal, on reasonable suspicion
that that vehicle, vessel, aircraft or pack-animal-
(a) is
being or has been used, or contains or conveys anything which is being or has
been used, to commit-
(i) an offence
in terms of the law for which that inspector has been designated in terms of
section 31D; or
(ii)
a breach of such law or a term or
condition of a permit, authorisation or other
instrument issued in terms of such law; or
(b) contains or conveys a thing which may serve as evidence of
such offence or breach.
(2) An environmental management inspector may, without a
warrant, seize anything contained in or on any vehicle, vessel, aircraft or
pack-animal that may be used as evidence in the prosecution of any person for
an offence in terms of this Act or a specific environmental management Act.
(3) The provisions of section 31I apply to anything seized
in terms of subsection (2), subject to such modifications as the context may
require.
(4) An environmental management inspector may, for the
purpose of implementing subsection (1), at any time, and without a warrant-
(a) order the driver of a vehicle or vessel to stop, or the
pilot of an aircraft to land; or
(b) if necessary and possible, force the driver or pilot to stop
or land, as the case may be.
(5) An environmental management inspector may exercise on or
in respect of such vehicle, vessel or aircraft any of the powers mentioned in
section 31H.
(6) An environmental management inspector may apply to the
National or Provincial Commissioner of Police for written authorisation
in terms of section 13(8) of the South African Police Service Act, 1995 (Act 68
of 1995), to establish a roadblock or a checkpoint.
(7) An environmental management inspector has, within his or
her mandate in terms of section 31D, all the powers of a member of the South
African Police Service in terms of section 13(8) of the South African Police
Service Act, 1995.
[S. 31J inserted by s. 4 of Act 46 of 2003.]
(1) An environmental management inspector, within his or her
mandate in terms of section 31D, and subject to subsection (2), may, at any
reasonable time, without a warrant, enter and inspect any building, land or
premises for the purposes of ascertaining compliance with-
(a) the legislation for which that inspector has been designated
in terms of section 31D; or
(b) a term or condition of a permit, authorisation
or other instrument issued in terms of such legislation.
(2) An environmental management inspector, within his or her
mandate in terms of section 31D, may, with a warrant obtained in terms of
subsection (3), but subject to subsection (4), enter and inspect any
residential premises for the purposes of ascertaining compliance with-
(a) the
legislation for which that inspector has been designated in terms of section
31D; or
(b) a
term or condition of a permit, authorisation or other
instrument issued in terms of such legislation.
(3) A magistrate may issue a warrant contemplated in
subsection (2) only on written application by an environmental management
inspector setting out under oath or affirmation that it is necessary to enter
and inspect the specified residential premises for the purposes of ascertaining
compliance with the Acts for which that inspector has been designated in terms
of section 31D.
(4) An environmental management inspector may in terms of
subsection (2) enter and inspect any residential premises without a warrant, but
only if-
(a) the person in control of the premises consents to the entry
and inspection; or
(b) there are reasonable grounds to believe that a warrant would
on application be issued, but that the delay that may be caused by applying for
a warrant would defeat the object of the entry or inspection.
(5) While carrying out a routine inspection, an
environmental management inspector may seize anything in or on any business or
residential premises or land that may be used as evidence in the prosecution of
any person for an offence in terms of this Act or a specific environmental
management Act.
(6) The provisions of section 31I apply to anything seized
in terms of subsection (5), subject to such modifications as the context may
require.
(7) An environmental management inspector may exercise on
such business or residential premises or land any of the powers mentioned in
section 31H.
[S. 31K inserted by s. 4 of Act 46 of 2003.]
31L
Power to issue compliance notices
(1) An environmental management inspector, within his or her
mandate in terms of section 31D, may issue a compliance notice in the
prescribed form and following a prescribed procedure if there are reasonable
grounds for believing that a person has not complied-
(a) with a provision of the law for which that inspector has
been designated in terms of section 31D; or
(b) with a term or condition of a permit, authorisation
or other instrument issued in terms of such law.
(2) A compliance notice must set out-
(a) details of the conduct constituting non-compliance;
(b) any steps the person must take and the period within which
those steps must be taken;
(c) any thing which the person may not do, and the period during
which the person may not do it; and
(d) the procedure to be followed in lodging an objection to the
compliance notice with the Minister or MEC, as the case may be.
(3) An environmental management inspector may, on good cause
shown, vary a compliance notice and extend the period within which the person
must comply with the notice.
(4) A person who receives a compliance notice must comply
with that notice within the time period stated in the notice unless the
Minister or MEC has agreed to suspend the operation of the compliance notice in
terms of subsection (5).
(5) A person who receives a compliance notice and who wishes
to lodge an objection in terms of section 31M may make representations to the
Minister or MEC, as the case may be, to suspend the operation of the compliance
notice pending finalisation of the objection.
[S. 31L inserted by s. 4 of Act 46 of 2003.]
31M
Objections to compliance notice
(1) Any person who receives a compliance notice in terms of
section 31L may object to the notice by making representations, in writing, to
the Minister or MEC, as the case may be, within 30 days of receipt of the
notice, or within such longer period as the Minister or MEC may determine.
(2) After considering any representations made in terms of
subsection (1) and any other relevant information, the Minister or MEC, as the
case may be-
(a) may confirm, modify or cancel a notice or any part of a
notice; and
(b) must specify the period within which the person who received
the notice must comply with any part of the notice that is confirmed or
modified.
[S. 31M inserted by s. 4 of Act 46 of 2003.]
31N
Failure to comply with compliance notice
(1) A person who fails to comply with a compliance notice
commits an offence.
(2) If a person fails to comply with a compliance notice,
the environmental management inspector must report the non-compliance to the
Minister or MEC, as the case may be, and the Minister or MEC may-
(a) revoke or vary the relevant
permit, authorisation or other instrument which is
the subject of the compliance notice;
(b) take any necessary steps and
recover the costs of doing so from the person who failed to comply; and
(c) report the matter to a
Director of Public Prosecutions.
[S. 31N inserted by s. 4 of Act 46 of 2003.]
31O
Powers of South African Police Service members
(1) A member of the South African Police Service has, in
respect of an offence in terms of this Act or a specific environmental
management Act, all the powers of an environmental management inspector in
terms of this Part excluding the power to conduct routine inspections in terms
of section 31K and the power to issue and enforce compliance notices in terms
of sections 31L to 31O.
(2) Notwithstanding subsection (1), the Minister or MEC, as
the case may be, may, with the concurrence of the Minister responsible for
safety and security, by written notice to a member of the South African Police
Service, assign to that member all the powers contemplated in sections 31K to
31O.
[S. 31O inserted by s. 4 of Act 46 of 2003.]
Any person to whom a permit, licence, permission, certificate, authorisation
or any other document has been issued in terms of this Act or a specific
environmental management Act, must produce that document at the request of an
environmental management inspector.
[S. 31P inserted by s. 4 of Act 46 of 2003.]
(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, except-
(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 or a specific environmental management
Act; or
(d) for the purposes of the administration of justice.
(2) A person convicted of an offence in terms of this
section is liable to a fine or imprisonment for a period not exceeding one year
or to both a fine and such imprisonment.
[S. 31Q
inserted by s. 4 of Act 46 of 2003.]
Part 3
Judicial matters (ss 32-34)
[Heading to Part 3 inserted by s. 5 of Act 46 of 2003.]
32 Legal standing to enforce environmental laws
(1) Any person or group of persons may seek appropriate
relief in respect of any breach or threatened breach of any provision of this
Act, including a principle contained in Chapter 1, or of any provision of a
specific environmental management Act, or of any other statutory provision
concerned with the protection of the environment or the use of natural
resources-
(a) in that person's or group of person's own interest;
(b) in the interest of, or on behalf of, a person who is, for
practical reasons, unable to institute such proceedings;
(c) in the interest of or on behalf of a group or class of
persons whose interests are affected;
(d) in the public interest; and
(e) in the interest of protecting the environment.
[Sub-s. (1) amended by s. 6 (a)
of Act 46 of 2003.]
(2) A court may decide not to award costs against a person
who, or group of persons which, fails to secure the relief sought in respect of
any breach or threatened breach of any provision of this Act, including a
principle contained in Chapter 1, or of any provision of a specific
environmental management Act, or of any other statutory provision concerned
with the protection of the environment or the use of natural resources, if the
court is of the opinion that the person or group of persons acted reasonably
out of a concern for the public interest or in the interest of protecting the
environment and had made due efforts to use other means reasonably available
for obtaining the relief sought.
[Sub-s. (2) substituted
by s. 6 (b) of Act 46 of 2003.]
(3) Where a person or group of persons secures the relief
sought in respect of any breach or threatened breach of any provision of this
Act, or of any provision of a specific environmental management Act, or of any
other statutory provision concerned with the protection of the environment, a
court may on application-
(a) award
costs on an appropriate scale to any person or persons entitled to practise as advocate or attorney in the Republic who
provided free legal assistance or representation to such person or group in the
preparation for or conduct of the proceedings; and
(b) order that the party against whom the relief is granted pay
to the person or group concerned any reasonable costs incurred by such person
or group in the investigation of the matter and its preparation for the
proceedings.
[Sub-s. (3) amended
by s. 6 (c) of Act 46 of 2003.]
(1) Any person may-
(a) in the public interest; or
�(b) in
the interest of the protection of the environment,
institute and conduct a prosecution in respect
of any breach or threatened breach of any duty, other than a public duty
resting on an organ of state, in any national or provincial legislation or
municipal bylaw, or any regulation, licence,
permission or authorisation issued in terms of such
legislation, where that duty is concerned with the protection of the
environment and the breach of that duty is an offence.
(2) The provisions of sections 9 to 17 of the Criminal
Procedure Act, 1977 (Act 51 of 1977) applicable to a prosecution instituted and
conducted under section 8 of that Act must apply to a prosecution instituted
and conducted under subsection (1): Provided that if-
(a) the person prosecuting privately does so through a person
entitled to practise as an advocate or an attorney in
the Republic;
(b) the person prosecuting privately has given written notice to
the appropriate public prosecutor that he or she intends to do so; and
(c) the public prosecutor has not, within 28 days of receipt of
such notice, stated in writing that he or she intends to prosecute the alleged
offence,
(i) the person prosecuting
privately shall not be required to produce a certificate issued by the
Attorney-General stating that he or she has refused to prosecute the accused;
and
(ii)� the person
prosecuting privately shall not be required to provide security for such
action.
(3) The court may order a person convicted upon a private
prosecution brought under subsection (1) to pay the costs and expenses of the
prosecution, including the costs of any appeal against such conviction or any
sentence.
(4) The accused may be granted an order for costs against
the person prosecuting privately, if the charge against the accused is
dismissed or the accused is acquitted or a decision in favour
of the accused is given on appeal and the court finds either:
(a) that the person instituting and conducting the private
prosecution did not act out of a concern for the public interest or the
protection of the environment; or
(b) that such prosecution was unfounded, trivial or vexatious.
(5) When a private prosecution is instituted in accordance
with the provisions of this Act, the Attorney-General is barred from
prosecuting except with the leave of the court concerned.
(1) Whenever any person is convicted of an offence under any
provision listed in Schedule 3 and it appears that such person has by that
offence caused loss or damage to any organ of state or other person, including
the cost incurred or likely to be incurred by an organ of state in
rehabilitating the environment or preventing damage to the environment, the
court may in the same proceedings at the written request of the Minister or
other organ of state or other person concerned, and in the presence of the
convicted person, inquire summarily and without pleadings into the amount of
the loss or damage so caused.
(2) Upon proof of such amount, the court may give judgement therefor in favour of the organ of state or other person concerned
against the convicted person, and such judgement
shall be of the same force and effect and be executable in the same manner as
if it had been given in a civil action duly instituted before a competent
court.
(3) Whenever any person is convicted of an offence under any
provision listed in Schedule 3 the court convicting such person may summarily
enquire into and assess the monetary value of any advantage gained or likely to
be gained by such person in consequence of that offence, and, in addition to
any other punishment imposed in respect of that offence, the court may order
the award of damages or compensation or a fine equal to the amount so assessed.
(4) Whenever any person is convicted of an offence under any
provision listed in Schedule 3 the court convicting such person may, upon
application by the public prosecutor or another organ of state, order such
person to pay the reasonable costs incurred by the public prosecutor and the
organ of state concerned in the investigation and prosecution of the offence.
(5) Whenever any manager, agent or employee does or omits to
do an act which it had been his or her task to do or to refrain from doing on
behalf of the employer and which would be an offence under any provision listed
in Schedule 3 for the employer to do or omit to do, and the act or omission of
the manager, agent or employee occurred because the employer failed to take all
reasonable steps to prevent the act or omission in question, then the employer
shall be guilty of the said offence and, save that no penalty other than a fine
may be imposed if a conviction is based on this subsection, liable on
conviction to the penalty specified in the relevant law, including an order
under subsections (2), (3) and (4), and proof of such act or omission by a
manager, agent or employee shall constitute prima facie evidence that
the employer is guilty under this subsection.
(6) Whenever any manager, agent or employee does or omits to
do an act which it had been his or her task to do or to refrain from doing on
behalf of the employer and which would be an offence under any provision listed
in Schedule 3 for the employer to do or omit to do, he or she shall be liable
to be convicted and sentenced in respect thereof as if he or she were the
employer.
(7) Any person who is or was a director of a firm at the
time of the commission by that firm of an offence under any provision listed in
Schedule 3 shall himself or herself be guilty of the said offence and liable on
conviction to the penalty specified in the relevant law, including an order
under subsection (2), (3) and (4), if the offence in question resulted from the
failure of the director to take all reasonable steps that were necessary under
the circumstances to prevent the commission of the offence: Provided that proof
of the said offence by the firm shall constitute prima facie evidence that the
director is guilty under this subsection.
(8) Any such manager, agent, employee or director may be so
convicted and sentenced in addition to the employer or firm.
(9) In subsection (7) and (8)-
(a)
"firm" shall mean a body incorporated by or
in terms of any law as well as a partnership; and
(b)
"director" shall mean a member of the board, executive committee, or
other managing body of a corporate body and, in the case of a close
corporation, a member of that close corporation or in the case of a
partnership, a member of that partnership.
(10) (a) The Minister may
amend Part (a) of Schedule 3 by regulation.
(b) An MEC may amend Part (b) of Schedule 3 in
respect of the province of his or her jurisdiction by regulation.
34A Offences relating to
environmental management inspectors
(1) A person is guilty of an offence if that person-
(a) hinders or interferes with an environmental management
inspector in the execution of that inspector's official duties;
(b) pretends to be an environmental
management inspector, or the interpreter or assistant of such an inspector;
(c) furnishes false or misleading information when complying
with a request of an environmental management inspector; or
(d) fails to comply with a request of an environmental
management inspector.
(2) A person convicted of an offence in terms of subsection
(1) is liable to a fine or to imprisonment for a period not exceeding one year
or to both a fine and such imprisonment.
[S. 34A inserted by s. 7 of Act 46 of 2003.]
34B Award of part of fine recovered to
informant
(1) A court which imposes a fine for an offence in terms of
this Act or a specific environmental management Act may order that a sum of not
more than one-fourth of the fine be paid to the person whose evidence led to
the conviction or who assisted in bringing the offender to justice.
(2) A person in the service of an organ of state or engaged
in the implementation of this Act or a specific environmental management Act is
not entitled to such an award.
[S. 34B inserted by s. 7 of Act 46 of 2003.]
(1) The court convicting a person of an offence in terms of
this Act or a specific environmental management Act may-
(a) withdraw any permit or other authorisation
issued in terms of this Act or a specific environmental management Act to that
person, if the rights conferred by the permit or authorisation
were abused by that person;
(b) disqualify that person from obtaining a permit or other authorisation for a period not exceeding five years;
(c) issue an order that all competent authorities authorised to issue permits or other authorisations
be notified of any disqualification in terms of paragraph (b) .
[S. 34C inserted by s. 7 of Act 46 of 2003.]
(1) The court convicting a person of an offence in terms of
this Act may declare any item including but not limited to any specimen,
container, vehicle, vessel, aircraft or document that was used for the purpose
of or in connection with the commission of the offence and was seized under the
provisions of this Part, to be forfeited to the State.
(2) The provisions of section 35 of the Criminal Procedure
Act, 1977 (Act 51 of 1977), apply to the forfeiture of any item in terms of
subsection (1), subject to such modifications as the context may require.
(3) The Minister must ensure that any specimen forfeited to
the State in terms of subsection (1) is-
(a) repatriated to the country of export or origin as
appropriate, at the expense of the person convicted of the offence involving
that specimen;
(b) deposited in an appropriate institution, collection or
museum, if-
(i)� the specimen is clearly marked as a seized specimen; and
(ii) the person convicted of the offence does not benefit or gain
from such deposit; or
(c) otherwise disposed of in an appropriate manner.
[S. 34D inserted by s. 7 of Act 46 of 2003.]
34E Treatment of seized live specimens
Pending the institution of any criminal proceedings in terms
of this Act or a specific environmental management Act or the resolution of
such proceedings, a live specimen that has been seized in terms of this Part
must be deposited with a suitable institution, rescue centre or facility which
is able and willing to house and properly care for it.
[S. 34E inserted by s. 7 of Act 46 of 2003.]
34F Security for release of vehicles, vessels
or aircraft
(1) If a vehicle, vessel or aircraft is seized in terms of
this Act and is kept for the purposes of criminal proceedings, the owner or
agent of the owner may at any time apply to a court for the release of the
vehicle, vessel or aircraft.
(2) A court may order the release of the vehicle, vessel or
aircraft on the provision of security determined by the court.
(3) The amount of the security must at least be equal to the
sum of-
�(a) the
market value of the vehicle, vessel or aircraft;
�(b) the
maximum fine that a court may impose for the alleged offence; and
�(c) costs
and expenses incurred or reasonably foreseen to be incurred by the State in
connection with prosecuting the offence and recoverable in terms of this Act.
(4) If the court is satisfied that there are circumstances
which warrant a lesser amount of security, it may order the release of the
vehicle, vessel or aircraft subject to the provision of security for such
lesser amount.
[S. 34F inserted by s. 7 of Act 46 of 2003.]
(1) The Minister may by regulation specify offences in terms
of this Act or a specific environmental management Act in respect of which
alleged offenders may pay a prescribed admission of guilt fine instead of being
tried by a court for the offence.
(2) An environmental management inspector who has reason to
believe that a person has committed an offence specified in terms of subsection
(1) may issue to the alleged offender a written notice referred to in section
56 of the Criminal Procedure Act, 1977 (Act 51 of 1977).
(3) The amount of the fine stipulated in the notice referred
to in subsection (2) may not exceed the amount-
(a) �prescribed for the
offence; and
(b) �which a court would
presumably have imposed in the circumstances.
(4) The provisions of sections 56, 57 and 57A of the
Criminal Procedure Act, 1977, apply subject to such modifications as the
context may require, to written notices and admission of guilt fines referred
to in this section.
[S. 34G inserted by s. 7 of Act 46 of 2003.]
CHAPTER 8
ENVIRONMENTAL MANAGEMENT CO-OPERATION AGREEMENTS (s 35)
(1) The Minister and every MEC and municipality, may enter
into environmental management co-operation agreements with any person or
community for the purpose of promoting compliance with the principles laid down
in this Act.
(2) Environmental management co-operation agreements must-
(a) only be entered into with
the agreement of-
(i) every organ of state which has
jurisdiction over any activity to which such environmental management
co-operation agreement relates;
(ii) the Minister and the MEC concerned;
(b) only
be entered into after compliance with such procedures for public participation
as may be prescribed by the Minister; and
(c) comply
with such regulations as may be prescribed under section 45.
(3) Environmental management co-operation agreements may
contain-
(a) an undertaking by the
person or community concerned to improve on the standards laid down by law for
the protection of the environment which are applicable to the subject matter of
the agreement;
(b) a set of measurable
targets for fulfilling the undertaking in (a) , including dates for the
achievement of such targets; and
(c) provision for-
(i) periodic monitoring and
reporting of performance against targets;
(ii) independent verification of reports;
(iii) regular independent monitoring and inspections;
(iv) verifiable indicators of compliance with any targets, norms
and standards laid down in the agreement as well as any obligations laid down
by law;
(d) the measures to be taken in
the event of non-compliance with commitments in the agreement, including where
appropriate penalties for non-compliance and the provision of incentives to the
person or community.
CHAPTER 9
ADMINISTRATION OF ACT AND SPECIFIC ENVIRONMENTAL MANAGEMENT ACTS (ss 36-47)
[Heading substituted by s. 8 of Act 46 of 2003.]
(1) The Minister may purchase
or, subject to compensation, expropriate any property for environmental or any
other purpose under this Act, if that purpose is a public purpose or is in the
public interest.
[Sub-s. (1) amended by s. 110
of Act 28 of 2002.]
(2) The Expropriation Act, 1975 (Act 63 of 1975) applies to
all expropriations under this Act and any reference to the Minister of Public
Works in that Act must be read as a reference to the Minister for purposes of
such expropriation.
(3) Notwithstanding the provisions of subsection (2), the
amount of compensation and the time and manner of payment must be determined in
accordance with section 25(3) of the Constitution, and the owner of the
property in question must be given a hearing before any property is
expropriated.
The Minister may reserve
State land with the consent of the Minister authorised
to dispose of the land, and after consultation with any other Minister
concerned, for environmental or other purposes in terms of this Act, if that
purpose is a public purpose or is in the public interest.
The Minister may intervene in
litigation before a court in any matter under this Act.
The Director-General may
enter into agreements with organs of state in order to fulfil
his or her responsibilities.
40
Appointment of employees on contract
(1) The Director-General may
appoint employees on contract outside the provisions of the Public Service Act,
1994 (Proclamation 103 of 1994), when this is necessary to carry out the
functions of the Department.
(2) The Director-General must, from time to time, and after
consultation with the Department of Public Service and Administration,
determine the conditions of employment of such employees.
(3) Such employees must be remunerated from money
appropriated for that purpose by Parliament.
(1) In this section
"assignment" means an assignment as contemplated in section 99 of the
Constitution.
(2) The Minister must record all assignments referred to in
subsection (1) in a Schedule to this Act and may amend that Schedule.
42
Delegation of powers and duties by Minister and Director-General
(1) The Minister may delegate
a power or duty vested in him or her in terms of this Act or a specific
environmental management Act to-
(a) the Director-General;
(b) an MEC, by agreement with the MEC;
(c) the management authority of a protected area; or
(d) any organ of state, by agreement with that organ of state.
(2) A delegation referred to in subsection (1)-
(a) must be in writing;
(b) may be made subject to conditions;
(c) does not prevent the exercise of the power or the
performance of the duty by the Minister himself or herself;
(d) may include the power to subdelegate;
and
(e) may be withdrawn by the Minister.
(2A) The Minister must give notice in the Gazette of
any delegation of a power or duty to an MEC, the management authority of a
protected area or an organ of state.
(2B) The Minister may confirm, vary or revoke any decision
taken in consequence of a delegation or subdelegation
in terms of this section, subject to any rights that may have accrued to a
person as a result of the decision.
(2C) The Minister may not delegate a power or duty vested in
the Minister in terms of this Act or a specific environmental management Act-
(a) to make regulations;
(b) to publish notices in the Gazette ;
(c) to appoint a member of a board or committee; or
(d) to expropriate private land.
(3) The Director-General may delegate a power or duty vested
in him or her by or under this Act or a specific environmental management Act
to-
(a) �the holder of an
office in the Department; or
(b) after
consultation with a provincial head of department, an officer in a provincial
administration or municipality.
(4) The Director-General may permit a person to whom a power
or duty has been delegated by the Director-General to delegate further that
power or duty.
(5) A delegation referred to in subsection (3) and the
permission referred to in subsection (4)-
(a) must be in writing;
(b) may be subject to conditions;
(c) do not prevent the exercise of the power or the performance
of the duty by the Director-General himself or herself; and
(d) may be withdrawn by the Director-General.
[S. 42 substituted by s. 9 of Act 46 of 2003.]
42A Delegation of powers by MEC
(1) The MEC of a province may
delegate a power or duty vested in or delegated to the MEC in terms of this Act
or a specific environmental management Act to-
(a) the head of that MEC's department;
(b) the management authority of
a provincial or local protected area;
(c) a municipality, by
agreement with the municipality; or
(d) any provincial organ of
state, by agreement with that organ of state.
(2) A delegation in terms of subsection (1)-
(a) must be in writing;
(b) may be made subject to
conditions;
(c) does not prevent the
exercise of the power or the performance of the duty by the MEC personally;
(d) may include the power to subdelegate; and
(e) may be withdrawn by the
MEC.
(3) The MEC may confirm, vary or revoke any decision taken
in consequence of a delegation or subdelegation in
terms of this section, subject to any rights that may have accrued to a person
as a result of the decision.
(4) The MEC may not delegate a power or duty vested in the
MEC in terms of this Act or a specific environmental management Act-
(a) to make regulations;
(b) to publish notices in the Gazette
;
(c) to appoint a member of a
board or committee; or
(d) to expropriate private
land.
[S. 42A inserted by s. 10 of Act 46 of 2003.]
(1) Any affected person may
appeal to the Minister against a decision taken by any person acting under a
power delegated by the Minister under this Act or a specific environmental
management Act.
(2) Any affected person may appeal to the relevant MEC
against a decision taken by any person acting under a power delegated by the
MEC under this Act or a specific environmental management Act.
(3) Any affected party may appeal to the Minister or MEC, as
the case may be, against-
(a) any decision to issue or to refuse to issue an
environmental authorisation or to grant an exemption
in terms of Chapter 5;
(b) any provision or condition of an environmental
authorisation or exemption issued or granted in terms
of Chapter 5;
(c) any directive issued in terms of Chapter 5.
(4) An appeal under subsections (1) to (3) must be noted and
must be dealt with in the manner prescribed and upon payment of a prescribed
fee.
(5) The Minister or MEC, as the case may be, may consider
and decide an appeal or appoint an appeal panel to consider and advise the
Minister or MEC on the appeal.
(6) The Minister or MEC may, after considering such an
appeal, confirm, set aside or vary the decision, provision, condition or
directive or make any other appropriate order, including an order that the
prescribed fee paid by the appellant, or any part thereof, be refunded.
(7) An appeal under this section does not suspend an
environmental authorisation or exemption, or any
provisions or conditions attached thereto, or any directive, unless the
Minister or MEC directs otherwise.
[S. 43 substituted by s. 4 of Act 8 of 2004.]
(1) The Minister may make
regulations-
(a) dealing with any matter which under this Act must be dealt
with by regulation;
(a
A ) prohibiting, restricting or controlling activities which
are likely to have a detrimental effect on the environment; and
[
(b) generally, to carry out the purposes and the provisions of
this Act.
(2) The Minister may make different regulations under this
Act in respect of different activities, provinces, geographical areas and
owners or classes of owners of land.
(3) The Minister may by regulation provide that
infringements of certain regulations constitute criminal offences and prescribe
penalties for such offences.
45
Regulations for management co-operation agreements
(1) The Minister may make
regulations concerning-
(a) procedures for the conclusion of environmental
management co-operation agreements, which must include procedures for public
participation;
(b) the duration of agreements;
(c) requirements relating to the furnishing of
information;
(d) general conditions and prohibitions;
(e) reporting procedures;
(f) monitoring and inspection.
(2) An MEC or municipal council may substitute his or her or
its own regulations or bylaws, as the case may be, for the regulations issued
by the Minister under subsection (1) above: Provided that such provincial
regulations or municipal bylaws must cover the matters enumerated in subsection
(1), and comply with the principles laid down in this Act.
46
Model environmental management bylaws
(1) The Minister may make
model bylaws aimed at establishing measures for the management of environmental
impacts of any development within the jurisdiction of a municipality, which may
be adopted by a municipality as municipal bylaws.
(2) Any municipality may request the Director-General to
assist it with the preparation of bylaws on matters affecting the environment
and the Director-General may not unreasonably refuse such a request.
(3) The Director-General may institute programmes
to assist municipalities with the preparation of bylaws for the purposes of
implementing this Act.
(4) The purpose of the model bylaws referred to in
subsection (1) must be to-
(a) mitigate
adverse environmental impacts;
(b) facilitate the
implementation of decisions taken, and conditions imposed as a result of the authorisation of new activities and developments, or
through the setting of norms and standards in respect of existing activities
and developments; and
(c) ensure
effective environmental management and conservation of resources and impacts
within the jurisdiction of a municipality in co-operation with other organs of
state.
(5) The model bylaws referred to in subsection (1) must
include measures for environmental management, which may include-
(a) auditing, monitoring and ensuring compliance; and
(b) reporting requirements and the furnishing of information.
47
Procedure for making regulations
(1) Before making any
regulations under this Act, a Minister or MEC must-
(a) publish a notice in the
relevant Gazette -
(i) setting out the draft
regulations; and
(ii) inviting written comments to be submitted on the proposed
regulations within a specified period mentioned in the notice; and
(b) consider all comments received
in accordance with paragraph (a) (ii).
(2) The Minister must, within 30 days after promulgating and
publishing any regulations under this Act, table the regulations in the
National Assembly and the National Council of Provinces, and an MEC must so
table the regulations in the relevant provincial legislature or, if Parliament
or the provincial legislature is then not in session, within 30 days after the
beginning of the next ensuing session of Parliament or the provincial
legislature.
(3) to (6) inclusive ......
[Sub-ss. (3) to (6)
deleted by s. 5 of Act 8 of 2004.]
47A Regulations, legal documents and steps
valid under certain circumstances
(1) A regulation or notice, or an authorisation,
permit or other document, made or issued in terms of this Act or a specific
environmental management Act-
(a) but which does not comply
with any procedural requirement of the relevant Act, is nevertheless valid if
the non-compliance is not material and does not prejudice any person;
(b) may be amended or replaced
without following a procedural requirement of the relevant Act if-
(i)
the purpose is to correct an error;
and
(ii)
the correction does not change the
rights and duties of any person materially.
(2) The failure to take any steps in terms of this Act or a
specific environmental management Act as a prerequisite for any decision or
action does not invalidate the decision or action if the failure-
(a) is not material;
(b) does not prejudice any
person; and
(c) is not procedurally unfair.
[S. 47A inserted by s. 11 of Act 46 of 2003.]
When in terms of this Act or
a specific environmental management Act the Minister or an MEC is required to
consult any person or organ of state, such consultation is regarded as having
been satisfied if a formal written notification of intention to act has been
made to that person or organ of state and no response has been received within
a reasonable time.
[S. 47B inserted by s. 11 of Act 46 of 2003.]
The Minister or an MEC may
extend, or condone a failure by a person to comply with, a period in terms of
this Act or a specific environmental management Act, except a period which
binds the Minister or MEC.
[S. 47C inserted by s. 11 of Act 46 of 2003.]
(1) A notice or other
document in terms of this Act or a specific environmental management Act may be
issued to a person-
(a) �by delivering it by
hand;
(b) �by sending it by
registered mail-
(i) to that
person's business or residential address; or
(ii)
in the case of a juristic person,
to its registered address or principal place of business; or
(c) where an address is unknown
despite reasonable enquiry, by publishing it once in the Gazette and
once in a local newspaper circulating in the area of that person's last known
residential or business address.
(2) A notice or other document issued in terms of subsection
(1) (b) or (c) must be regarded as having come to the notice of
the person, unless the contrary is proved.
[S. 47D inserted by s.
11 of Act 46 of 2003.]
CHAPTER 10
GENERAL AND TRANSITIONAL PROVISIONS (ss 48-53)
This Act is binding on the
State except in so far as any criminal liability is concerned.
Neither the State nor any
other person is liable for any damage or loss caused by-
(a) the exercise of any power
or the performance of any duty under this Act or any specific environmental
management Act; or
(b) the failure to exercise any
power, or perform any duty under this Act or any specific environmental
management Act, unless the exercise of or failure to exercise the power, or
performance of or failure to perform the duty was unlawful, negligent or in bad
faith.
[S. 49 substituted by s. 12 of Act 46 of 2003.]
(1) Sections 2, 3, 4, 5, 6,
7, 8, 9, 10, 11, 12, 13, 14, 14A, 14B, 14C, 15, 27A and 38 of the Environment
Conservation Act, 1989 ( Act 73 of 1989 ), are hereby repealed.
(2) Sections 21, 22 and 26 of the Environment Conservation
Act, 1989 ( Act 73 of 1989 ) and the notices and
regulations issued pursuant to sections 21 and 22 and in force on the
commencement date of this Act are repealed with effect from a date to be
published by the Minister in the Gazette , which date may not be earlier
than the date on which regulations or notices made or issued under section
24 of
this Act are promulgated and the Minister is satisfied that the regulations and
notices under sections 21 and 22 have become redundant.
(3) Any application made in terms of section 21, 22 or 26 of
the Environment Conservation Act, 1989 ( Act 73 of 1989 ), that has been
submitted but not finalised when those sections are
repealed, must be finalised as if those sections had
not been repealed.
[Sub-s. (3) added
by s. 6 of Act 8 of 2004.]
(4) In order to ensure that the transition between the legal
requirements of sections 21, 22 and 26 of the Environment Conservation Act,
1989 ( Act
73 of 1989 ), and the requirements of this Act is efficient, the Minister may
by notice in the Gazette list activities included in Government Notice
R1182 of 5 September 1997 that will remain valid until such time as an MEC
promulgates a list of activities for that province.
[Sub-s. (4) added
by s. 6 of Act 8 of 2004.]
Anything done or deemed to
have been done under a provision repealed by this Act-
(a) remains valid to the extent that it is
consistent with this Act until anything done under this Act overrides it; and
(b) is considered to be an action under the corresponding
provision of this Act.
This Act is called the
National Environmental Management Act, 1998.
This Act comes into operation
on a date fixed by the President in the Gazette .
Schedule 1
Section 11(1)
National departments exercising functions which
may affect the environment
*
Department of Environmental Affairs and Tourism
*
Department of Land Affairs
*
Department of Agriculture
*
Department of Housing
*
Department of Trade and Industry
*
Department of Water Affairs and Forestry
*
Department of Transport
*
Department of Defence
Schedule 2
Section 11(2)
National departments exercising functions that
involve the management of the environment
*
Department of Environmental Affairs and Tourism
*
Department of Water Affairs and Forestry
*
Department of Minerals and Energy
*
Department of Land Affairs
*
Department of Health
*
Department of Labour
Schedule 3
(Section 34)
Part (a): National
Legislation
[Part (a) substituted by s. 8 of Act 8 of
2004.]
|
No. and year of law |
Short title |
Relevant provisions |
|
Act 36 of 1947 |
Fertilizers, Farm Feeds, Agricultural Remedies
and Stock Remedies Act, 1947 |
Section 18(1) (i)
in so far as it relates to contraventions of sections 7 and 7 bis |
|
Act 71 of 1962 |
Animals Protection Act, 1962 |
Sections 2(1) and 2A |
|
Act 45 of 1965 |
Atmospheric Pollution Prevention Act, 1965 |
Section 9 |
|
Act 63 of 1970 |
Mountain Catchment Areas Act, 1970 |
Section 14 in so far as it relates to
contraventions of section 3 |
|
Act 15 of 1973 |
Hazardous Substances Act, 1973 |
Section 19(1) (a) and (b) in so far
as it relates to contraventions of sections 3 and 3A |
|
Act 63 of 1977 |
Health Act, 1977 |
Section 27 |
|
Act 73 of 1980 |
Dumping at Sea Control Act, 1980 |
Section 2(1) (a) and (b) |
|
Act 6 of 1981 |
Marine Pollution (Control and Civil Liability)
Act, 1981 |
Section 2(1) |
|
Act 43 of 1983 |
Conservation of Agricultural Resources Act,
1983 |
Sections 6 and 7 |
|
Act 2 of 1986 |
Marine Pollution (Prevention of Pollution from
Ships) Act, 1986 |
Section 3A |
|
Act 73 of 1989 |
Environment Conservation Act, 1989 |
Section 29(2) (a) and (4) |
|
Act 18 of 1998 |
Marine Living Resources Act, 1998 |
Section 58(1) in so far as it relates to
contraventions of sections 43(2), 45 and 47, and section 58(2) in so far as
it relates to contraventions of international conservation and management
measures |
|
Act 36 of 1998 |
National Water Act, 1998 |
Section 151 (i) and
(j) . |
Part (b): Provincial Legislation
|
No. and year of law |
Short title |
Relevant provisions |
|
Ordinance 8 of 1969 |
|
Section 40(1) (a) in so far as it
relates to contraventions of sections 2(3), 14(2), 15 (a) , 16 (a) and
33 |
|
Ordinance 9 of 1969 |
Orange Free State Townships |
Section 40(1) (a) (ii) |
|
Ordinance 15 of 1974 |
Natal Nature Conservation |
Section 55 in so far as it relates to section
37(1), to section 49 in respect of specially protected game and to section 51
in respect of specially protected game, section 109 in so far as it relates
to section 101, to section 102 and to section 104, section 154 in so far as
it relates to section 152; section 185 in so far as it relates to section
183, and section 208 in so far as it relates to section 194 and to section
200 |
|
Ordinance 19 of 1974 |
|
Section 86(1) in so far as it relates to
contraventions of sections 26, 41(1) (b) (ii) and (c) - (e) ,
52 (a) , 57 (a) , 58 (b) and 62(1) |
|
Ordinance 12 of 1983 |
|
Sections 16A, 42, 84, 96 and 98 |
|
Ordinance 15 of 1985 |
|
Section 46(1) in so far as it relates to
sections 23(1) and 39(2) |
|
Ordinance 15 of 1986 |
|
Sections 42, 93 and 115 |
|
Act 5 of 1998 |
KwaZulu Natal Planning and
Development |
Section 48 |
|
Act 29 of 1992 |
KwaZulu Nature Conservation |
Section 67 in so far as it relates to sections
59(1), 59(2), 60(1) and 62(1); section 86 in so far as it relates to sections
76, 77 and 82; and section 110 in so far as it relates to section 109 |
