Compliance Notices – A New Tool in Environmental Enforcement

Authors

  • LA Feris University of Pretoria

DOI:

https://doi.org/10.17159/1727-3781/2006/v9i3a2824

Abstract

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.

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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

05-07-2017

Issue

Section

Articles

How to Cite

Feris, L. (2017). Compliance Notices – A New Tool in Environmental Enforcement. Potchefstroom Electronic Law Journal, 9(3), 52-70. https://doi.org/10.17159/1727-3781/2006/v9i3a2824