Compliance Notices – A New Tool in Environmental Enforcement
DOI:
https://doi.org/10.17159/1727-3781/2006/v9i3a2824Abstract
This note examines compliance notices, a new administrative remedy that has been created to assist in compliance and enforcement of environmental laws. The note considers the aim and scope of compliance and the process of issuing a compliance notice. In addition, it reflects on objections to compliance notices as well as the effect of non-compliance with compliance notices. It furthermore considers the mandate of Environmental Management Inspectors (EMIs) to issue compliance notices, the legislation in terms of which they may issue compliance notices and the ability of EMIs to issue compliance notices beyond the designated legislation. The note also assesses the overall effectiveness of compliance notices and the extent to which it is likely to be utilised by EMIs in the exercise of their mandate.
Downloads
References
Bibliography
Boyden Gray, Marzulla and Shanahan 1998 JLPOL
Boyden Gray C, Marzulla R and Shanahan J “Attempted Environmental
Crimes: A Flawed Concept” 1998 (14) Journal of Law and Politics 363
Kidd 2002 SAJELP
Kidd M “Alternatives to the Criminal Sanction in the Enforcement of South
African Law” 2002 South African Journal of Environmental Law and Policy 21
Lazarus 1994(27) Loyola LA LR
Lazarus R “Assimilating Environmental Protection into Legal Rules and the
Problem with Environmental Crime” 1994(27) Loyola of Los Angeles Law Review 867
Register of legislation
Atmospheric Pollution Prevention Act 45 of 1965
Constitution of the Republic of South Africa, 1996
Environment Conservation Act 73 of 1989
Government Gazette No 28869 of 2 June 2006
Government Gazette No 28181 of 28 October 2006
Marine Living Resources Act 18 of 1998
Mineral and Petroleum Resources Development Act 28 of 2002
Hazardous Substances Act 15 of 1973
National Environmental Management Act 107 of 1998
National Environmental Management: Air Quality Act 39 of 2004
National Environmental Management Amendment Act 46 of 2003
National Environmental Management: Biodiversity Act 10 of 2004
National Environmental Management: Protected Areas Act 57 of 2003
National Water Act 36 of 1998
National Forest Act 84 of 1998
Promotion of Administrative Justice Act 3 of 2000
Register of cases
Hichange Investments (Pty) Ltd v Cape Produce Co (Pty) Ltd t/a Pelts Products 2004 2 SA 393 (E)
Harmony Gold Mining Co Ltd v Regional Director: Free State, Department of
Water Affairs and Forestry and another Unreported case no 269/05 (SCA)
The Minister of Water Affairs and Forestry v Stilfontein Gold Mining Company
Ltd Unreported case no 2005/7655 (W)
Noupoort Christian Care Centre v Minister of National Department of Social
Development and Another 2005 10 BCLR 1034 (T)
Published
Issue
Section
License
Copyright (c) 2017 LA Feris
This work is licensed under a Creative Commons Attribution 4.0 International License.