Regulations relating to qualification criteria, training and identification of, and forms to be used by, environmental management inspectors (R. 494 of 2006)

STAATSKOERANT, 2 JUNlE 2006 No. 28869 3 GOVERNMENT NOTICE GOEWERMENTSKENNISGEWING DEPARTMENT OF ENVIRONMENTAL AFFAIRS AND TOURISM DEPARTEMENT VAN EN No. R. 494 2 June 2006 NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998 (ACT 107 OF I, Marthinus Christoffel Johannes van Minister of Environmental Affairs and Tourism, in terms of section of the National Environmental Management Act 1998 (Act of hereby publish the following: REGULATIONS RELATING TO QUALIFICATION TRAINING AND OF, AND FORMS TO BE USED BY, ENVIRONMENTAL MANAGEMENT INSPECTORS The abovementioned Regulations come effect on the: date publication thereof in the Government Gazette. VAN MP MINISTER OF ENVIRONMENTAL AFFAIRS AND TOURISM IDENTlFJCATION MARTH I NUS OMGEWINGSAKE TOERISME Schafkwyk, 44(1) No.107 199.8), $hall intQ SCHALKWYK, CRITERIA,. of 4 No. 28869 GOVERNMENT GAZETTE, 2 JUNE 2006 GOVERNMENT NOTICE DEPARTMENT OF ENVIRONMENTAL AFFAIRS AND TOURISM NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998 REGULATIONS RELATING TO QUALIFICATION CRITERIA, TRAINING AND IDENTIFICATION OF, AND FORMS TO BE USED BY, ENVIRONMENTAL MANAGEMENT INSPECTORS The Minister of Environmental Affairs and Tourism has in terms of section of the National Environmental Management Act 1998 (Act of made the regulations in the Schedule. SCHEDULE Definitions In these Regulations a word or expression to which a meaning has been assigned in the Act has that meaning and, unless the context otherwise indicates: “designating authority” means (a) a person to whom the Minister’s power under section 31 B of the Act to designate persons as environmental management inspectors has been delegated in terms of section 42 of the Act; (b) an MEC acting in terms of section 31C of the Act; or 1. 44(1) No.107 1998), STAATSKOERANT. 2 2006 No. 28869 5 (c) a person to whom the power contained in section 31C of the Act to designate persons as environmental management inspectors has been delegated in terms of section 42A of the Act. Act” means the National Environmental Management A d 1988 ( A d No. 107 of 1998); Qualification criteria and training for environmental management Designating authorities may designate persons referred to in section 31B or 31C of the Act as environmental management inspectors only if such persons have completed any relevant training course approved by the Director-General. Until any relevant approved training course referred to in subregulation (1) is available, designating authorities may despite that subregulation designate persons referred to in section 318 or 31C of the Act as environmental management inspectors, but only subject thereto that they have (a) completed at least one year’s practical experience in monitoring compliance with and enforcing legislation; (b) completed any relevant training requirements for designation as peace officers in terms of section of the Criminal Procedure Act, 1977 (Act No. 51 of 1977); and (c) completed an orientation course recognised by the General in the application of the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000); in the case of officials on whom the power to issue compliance notices in terms of section is to be conferred, JUNIE MEC's "the inspectors 2. (1) (2) 334(1) Director 31L No. 28869 GOVERNMENT GAZETTE, 2 JUNE 2006 Provided that paragraphs (a), (b) and do not apply to the designation of employees of South African National Parks as environmental management inspectors. (3) When any relevant training course referred to in subregulation (1) available, persons .designated as environmental management inspectors in terms of subregulation including those referred to in the proviso to that subregulation, must with and complete the training course as soon as is reasonably possible. Mandates When specifying the powers of an environmental management inspector in section 31 D (3) of the Act, a designating authority acting under a delegation in terms of section 42 of the Act may select only the powers for an environmental management inspector as are (a) necessary for the inspector's mandate; and (b) set out in respect of the inspector's grade in Annexure 1 (2) Subregulation (1) does not bind an MEC, but an MEC must take Annexure 1 into account when (a) specifying the powers of an environmental management inspector in terms of section 31 D (3) of Act; or delegating to another person the power contained in section 31 to specify the powers of an environmental management inspector. 6 (c) (2), commence 3" (1) ,the (b) 0(3) STAATSKOERANT, 2 2006 No.28869 7 Issue of identity cards 4. (I) The identity card contemplated in section 31 F of the Act (a) (b) must comply with regulation 5; and may be issued only by (i) the Director-General or an official of the Department designated by the Director-General; or (ii) another organ of state authorised to do so in writing by the Director-General; and (c) must be in the standard format and layout approved by the Director-Geheral. (2) An organ of state authorised in terms of subregulation (1) (b) (ii) to issue identity cards may issue such cards only to its own employees designated as environmental management inspectors by the Minister or a designating authority. Contents and period of validity of identity cards 5. (I) An identity card must contain (a) the full names and ID number of the person designated as an environmental management inspector; (b) a recent photograph of that person; (c) the name of the organ of state of which that person is an employee and the employee number of that person; JUNIE 8 No. 28869 GOVERNMENT GAZETTE, 2 JUNE 2006 (d) particulars of the mandate of that person in terms of section 31 D or (2) of the Act and must indicate for which legislation that person is designated as an environmental management inspector; (e) the full names and post description of the designating authority who designated the person as an environmental management inspector; (9 the signature of the designating authority; and the date on which the person was designated as an environmental management inspector. (2) An identity card lapses when the designation of the cardholder as an environmental management inspector is withdrawn in terms of section or of the Act, and the cardholder must promptly return the identity card to the Department. Duties of Department 6. (1) The Department must issue an identity card on request from the Minister or a designating authority and on receipt of the information detailed in regulation (b), (c), (d), (e), (9 and (2) The Department must keep a detailed record of (a) all persons in respect of whom an identity card is issued; and (b) all persons whose designation as environmental management inspectors has been withdrawn. (1) (g) 31 B(1)(b) 31 C(1 )(b) 5(1)(a), (g). STAATSKOERANT, 2 JUNlE 2006 No. 28869 9 Format of section 31H (I) (b) written notices 7. A written notice referred to in section (b) of the Act must be in the form set out in Annexure 2. Section 31 L compliance notices 8. (1) A compliance notice issued in terms of section 31L of the Act must be in the form set out in Annexure 3. (2) Before issuing a compliance notice in terms of section of the Act, an environmental management inspector must give the person to whom the inspector intends to issue the compliance notice (a) advance notice in writing of his or her intention to issue such compliance notice; and (b) a reasonable opportunity to make representations in writing to the environmental management inspector why he or she should not issue the compliance notice as intended. (3) (a) If an environmental management inspector has reason to believe that giving written notice in accordance with subregulation (2) of the intention to issue a compliance notice, will cause a delay resulting in significant and irreversible harm to the environment, the inspector may issue a compliance notice without complying with subregulation (2). (b) A compliance notice issued in terms of paragraph (a) explain the environmental management inspector’s reasons for not complying with subregulation (2). 31H(1) 31L must 10 No. GOVERNMENT GAZETTE, 2 JUNE 2006 inspector Powers in . Powers that may be conferred in terms of section 31 AH the powers ANNEXURE 1 management management inspector terms of section 31 section and section 31 J of the Act given tal management inspectors under the Act, except for the power under sections 31 31 and given to environmental management inspectors under the Act, except for the power under sections 31 H(5) and 31 L of the Ad. of the Act. Grade 2 environmental management inspector All the powers given to environmental management inspectors under the Act, except for the power under section 31L of the Act. Grade 1 environmental management inspector powers given to environmental management inspectors under the Act 28869 Grade.$ Gract.4 ..... Grade3 envlrorlment · envJronmen~I: envlrcmmentat ., rna.nagem.ent Inspector I AU the powers All the to H, e-nvironmen 311(3) 0(3) 31H(1)(b), 31 H(5), 31t(3) J, L 34.G(2} No. 28869 11 STAATSKOERANT, 2 JUNlE 2006 ANNEXURE 2 NOTICE TO ANSWER QUESTIONS IN TERMS OF SECTION AS READ WITH SECTION AND (3) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT (ACT NO. 107 OF 1998) To: Address: ..................................... ..................................... ..................................... Notice to answer terms of section as read with section 31 and (3) of the National Environmental Mananement Act, 1998 of I, ..................... in my capacity as an environmental management terms of as read with section and (3) of the National Environmental Management Act, 1998 (Act No. 107 of hereinafter referred to as “NEMA”.. inspector, hereby issue ...................... with a to answer questions in 2. The questions in paragraph 4 below must be answered either (a) orally, either alone or in the presence of a witness, before ............ name of environmental management inspector) on ............... (date) at ......................... (address); or (b) in writing to name and address of environmental management inspector) before.. .......... ..(date and time) 31 H(2) ACT,1998 ·················· ·······,············ questions. in H 2 (Act No.107 1998) 1. ··········, 31H(1)(b) . " ( ......... "' ... ( 3.1H(1}(b) notice 31 H(2) 31H(1).(b} 1.998), 12 No. 28869 GOVERNMENT GAZETTE, 2 JUNE 2006 3. questions in paragraph 4 below must be answered under oath or affirmation. 4. The questions are the following: a) [DETAILED QUESTIONS] 5. ........................ (Any other added by the environmental management inspector) 6. Your attention is drawn to the provisions of section of NEMA, which provides that a person who receives a written notice in terms of section of NEMA must answer all questions put to him or her truthfully and to the best of his her ability, that an answer might incriminate him or her, but any answer that incriminates such person may not be used against him or her in any subsequent criminal proceedings for an offence in terms of NEMA or a specific environmental management Act as defined in section 1 of NEMA. Signed on this ..... day of ................ at ........................ (place) Environmental Management Inspector (Environmental management inspector to provide his or her name, address and contact details) The information/explanations 31 H(3) 3-1H(1)(b} or notwithstanding oth,er STAATSKOERANT, 2 JUNlE 2006 No. 28869 13 ANNEXURE 3 COMPLIANCE NOTICE IN TERMS OF SECTION 31L OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998 (Act No. 107 OF 1998) To: ...................................... Address: ..................................... ..................................... ..................................... Act, I, ........................... in my capacity as an environmental management inspector, hereby issue ...................... with a compliance notice in terms of section of the National Environmental Management Act, 1998 (Act of hereinafter referred to as "NEMA". This compliance notice relates to the non-compliance with the provisions of OR OTHER INSTRUMENT TO WHICH THE NOTICE RELATES] ....................... [PROVIDE DETAIL OF THE LAW PERMIT, 1. Details of conduct constituting non-compliance ....................................................................... ....................................................................... [THE DETAIL INSERTED MUST PROVIDE PARTICULARS OF (a) The specific obligations imposed by the authorisation or (b) the conduct constituting non-compliance; and other instrument which are relevant to the notice; =.::.;;;;;::Mi;~;. notice in terms oi the National Environmental Manaaem9nt I .... , 31L No.107 1998}, l AUTHORISATION law/permit, NO. GOVERNMENT GAZETTE, 2 JUNE 2006 (c} the date or period and place of such non-compliance. 2. Steps to be taken ....................................................................... ....................................................................... ....................................................................... DETAIL INSERTED MUST PROVIDE PARTICULARS OF (a) The steps to be taken by the party accused of non-compliance; and. (b) the period in which those steps must be taken. 3. Prohibited Conduct ....................................................................... ....................................................................... DETAIL INSERTED MUST PROVIDE PARTICULARS OF (a) Any acts which may-not be performed by the party accused of non compliance; and period in which this prohibition will remain in force. 4. Procedure for lodging an objection this compliance notice (sections 31 L and 31 M of NEMA) 4.1. If you would like me to vary this compliance notice or to extend the period to which it relates, you may make representations to me to do so. 4.2. If you wish to lodge an objection to this compliance notice, you may do so by making representations, in writing, 'to the Minister of Environmental Affairs and Tourism (the Minister) or the Member of the Executive Council (the MEC) within 30 days of receipt of this notice. 14 28869 [THE [rHE (b)the STAATSKOERANT, 2 JUNlE 2006 No. 28869 15 4.3. You may also make representations to the Minister or MEC to suspend the operation of the compliance notice pending finalisation of the objection. 4.4. Irrespective of any representations you may make to me or to the Minister or the MEC, you must with this compliance notice within the time period stated in the notice unless the Minister or the MEC agrees to suspend the operation of the compliance notice. 5. Failure to comply with this compliance notice (section 31N of NEMA) 5.1. It is an offence to fail to comply with this notice. 5.2. Any non-compliance with this notice will be reported to the Minister or the MEC, who may then (a) report the matter to a Director of Public Prosecutions; (b) revoke any permit or authorization to which this notice relates; and (c) on your behalf, take any step necessary to ensure compliance with the provisions of the law, permit or authorization to which this notice relates and recover from you the cost of doing so. 6. Reason or reasons why advance notice in writing of my intention to issue this compliance notice should not be given comply ···································~··································· NO. GOVERNMENT GAZETTE, 2 JUNE 2006 [PROVIDE PARTICUIARS OF WHY INSPECTOR BELIEVES THAT THE DELAY CAUSED BY GIVING WRITTEN OF THE INTENTION TO ISSUE A COMPLIANCE WILL CAUSE AND IRREVERSIBLE HARM TO THE ENVIRONMENT.] [INCLUDE ONLY Signed on this . .... day of ... CASES OF NON-COMPLIANCE WITH .. .......... at ... ..................... Environmental Management Inspector (Environmental management inspector to provide his or her name, address and other contact details) Printed by and obtainable from the Government Printer, Street, Private Bag Pretoria, 0001 Publications: Tel: (01 2) 334-4508, 334-4509, 334-451 0 Advertisements: Tel: (01 2) 334-4673, 334-4674, 334-4504 Subscriptions: Tel: (01 2) 334-4735, 334-4736, 334-4737 Cape Town Branch: Tel: (021) 465-7531 Gedruk deur en verkrygbaar by die Staatsdrukker, Bosmanstraat, Privaatsak X85, Pretoria, 0001 Publikasies: Tel: (01 2) 334-4508, 334-4509, 334-451 0 Advertensies: Tel: (01 2) 334-4673, 334-4674, 334-4504 Subskripsies: Tel: (01 2) 334-4735, 334-4736, 334-4737 Kaapstad-tak: Tel: (021 ) 465-7531 , 16 28869 SlGNIFICANT IN SUBREGULATION 8(2)] REASON/S Bosman NOTlCE NOTfCE XBS, 28869-1