Kuben Samie’s Post

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Environmental Lawyer | Advocate of the High Court

ENVIRONMENTAL ENFORCEMENT: COMPLIANCE NOTICES Compliance notices form part of the “formal” administrative enforcement tools which are most suited to regulating persons who have been previously issued with a permit or authorization. In terms of the National Environmental Management Act 107 of 1998 (NEMA) only an Environmental Management Inspector (EMI) within his specific mandate, may issue a compliance notice. Compliance notices must comply with the requirements of NEMA, inclusive of sections 31L and 31M of the Act, as well as the provisions of the Promotion of Administrative Justice Act 3 of 2000(PAJA). These notices are issued in instances where the EMI has reasonable grounds for believing that a person has not complied with a legal provision or a condition of a permit or authorisation. In practice an offender is issued with a pre-compliance notice or an “intention to serve a compliance notice” notice, usually requesting the offender to state why he should not be issued with a compliance notice, and drawing his attention to the offence committed. In terms of s49A (1) (k) of NEMA, a failure to comply with, or a contravention of, a compliance notice is a criminal offence.

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