COMPLIANCE MONITORING

  1. The Applicant/Developer is not complying with a condition in the Environmental Authorisation, what now?
  2. What if the non-compliance or contravention of a condition in the Environmental Authorisation is causing environmental harm?
  3. How and when must the requested explanation and environmental audit report be submitted?
  4. Who will be responsible for the cost involved with the audit report?
  5. Is there provision for criminal sanctions for an offence?

 

 The Applicant/Developer is not complying with a condition in the Environmental Authorisation, what now?

Inform the Competent Authority of the violation. In terms of the regulations, if the Competent Authority reasonably suspects that the holder of an Environmental Authorisation, or a person granted an Exemption, has violated a condition of the Authorisation or the Exemption, the Competent Authority may request the holder of the authorisation to submit an explanation for the alleged contravention or non-compliance. For more information, please consult our Enforcement section.

Q: What if the non-compliance or contravention of a condition in the Environmental Authorisation is causing environmental harm?

If the Competent Authority reasonably suspects that the alleged contravention or failure has caused, or may cause, harm to the environment, the Competent Authority may request the person concerned, in writing, to submit an environmental audit report on the harm or suspected harm to the environment, or any specific matter determined by the Competent Authority.

Q: How and when must the requested explanation and environmental audit report be submitted?

Must be submitted in a form and within a period specified by the Competent Authority. The Competent Authority may require a person to appoint an independent person approved by the Competent Authority to perform the requested environmental audit.

Q: Who will be responsible for the cost involved with the audit report?

The Environmental Authorisation holder will be liable for all costs in connection with the preparation and submission of the audit report.

Q: Is there provision for criminal sanctions for an offence?

Yes, criminal sanctions may apply if a person is found guilty of any of the following offences:
  • Providing incorrect or misleading information in any document submitted to the Competent Authority pursuant to the EIA regulations;
  • Failure to disclose information, whether favorable or unfavorable, to the Competent Authority, upon request of the Competent Authority;
  • Failure to prepare an environmental audit report when requested to do so by the Competent Authority;
  • Contravention of or failure to comply with a condition of a grant of Exemption;
  • Continuation of an activity after the Environmental Impact Assessment has been withdrawn or suspended.

A person convicted of an offence may be imprisoned for up to two years or may be fined in an amount established by the Adjustment of Fines Act, 1991 (Act No. 101 of 1991).