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Environment Protection Act

Act 9 of 1994

Repealed
This Act was repealed on 2016-09-29 by Environment Protection Act, 2016.
Environment Protection Act
Citation
Act 9 of 1994
Date
30 June 2012
Language
English
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Seychelles

Environment Protection Act

Act 9 of 1994

  • Commenced on 1 March 1995
  • [This is the version of this document at 30 June 2012 and includes any amendments published up to 30 June 2014.]
  1. [Repealed on 29 September 2016 by Environment Protection Act, 2016 (Act 18 of 2016)]
[Act 9 of 1994; Act 15 of 1998; S.I. 73 of 1994]

Part I – Preliminary

1. Short title and application

(1)This Act may be cited as the Environment Protection Act.
(2)This Act binds the Republic.

2. Interpretation

In this Act, unless the context otherwise requires:"abatement" means the reduction or removal of environmental pollution to the permitted or prescribed levels;"activity" means any process or operation whether commercial, industrial, domestic or agricultural on premises or by means of a mobile plant."Administrator" means the administrative head of the Authority as notified by the Minister;"Ambient Air Quality" means the average atmospheric purity as distinguished from discharge measurements taken at the source of pollution."Agency" means the Agency designated under section 12;"Authority" means the Authority referred to in section 4;"Council" means the National Environment Advisory Council established under section 5;"dumping" means any deliberate disposal of wastes or other matter from vehicles, vessels, aircraft, platforms or other man-made structures at sea;"effluent" means waste water or any other liquid with or without particles of matter in suspension therein of domestic, agricultural, trade or industrial origin, treated or untreated, and discharged directly or indirectly into the environment."emission" means the act of passing into the atmosphere of any solid or liquid or gaseous substance coming out of any chimney, duct or flue or any other outlet or from a known source;"environment" means air, water and land and the inter-relationship which exists among and between air, water and land, and human beings, other living creatures, plants, micro-organisms and property;"hazardous substance" means any substance or preparation which by reason of its chemical or physico-chemical properties or handling, is liable to cause harm to human beings, other living creatures, plants, micro-organisms, property or the environment;"hazardous waste" means waste which is poisonous, corrosive, irritant, noxious, explosive, inflammable, toxic or harmful to the environment;"pollutant" means any solid, liquid or gaseous substance or energy present in such concentration as may be, or tend to be, injurious to environment;"pollution" means the presence in the environment of one or more pollutants;"polluter" means a person who contributes to or creates a condition of pollution;"prescribed" means prescribed by regulations under this Act."wastes" means garbage, refuse, sludges, construction debris and other discarded substances resulting from industrial and commercial operations or from domestic, individual and community activity."water quality" means the characteristics of water which define its use in terms of physical, chemical and biological contents;"watercourse" includes any river, stream, dam, reservoir, water catchment and wetlands;"wetland" includes all freshwater and tidal areas that are or may be submerged or periodically submerged under fresh or salt water, including all bodies or areas commonly referred to as marshes, swamps, beaches and flats.

3. Object of the Act

The principal object of this Act is to provide for the protection, improvement and preservation of the environment and for the prevention, control and abatement of environmental pollution.

Part II – Administration

4. The Authority for environment protection and its functions

(1)The Authority for the purposes of this Act shall be the Ministry or Department of the Government under the Minister having the Portfolio responsibility for Environment or a corporate body set up under subsection (2), as the case may be.
(2)Subject to subsection (3), the Minister may by order published in the Gazette constitute an Authority which shall be a body corporate, with such name and for carrying out such of the powers and functions under this Act as may be specified in the order.
(3)The Minister, in the exercise of the powers under subsection (2), may constitute different Authorities as bodies corporate for carrying out different powers and different functions under the Act as may be specified in the orders constituting such Authorities.
(4)An order made under subsection (2) or subsection (3) may provide for—
(a)any matter relating to the assets, capital, funds, finance, administration and management of the Authority constituted by such order;
(b)any matter necessary for better carrying out the functions of such Authority.
(5)Functions of the Authority are to—
(i)implement policies and programmes in pursuance of the national objectives on environment protection.
(ii)co-ordinate the activities of other agencies concerned with the protection of the environment—
(a)under this Act; or;
(b)under any other law for the time being in force which is relatable to the objects of this Act.
(iii)evolve standards for the quality of the environment in its various aspects and for emission or discharge of environmental pollutants from various sources whatsoever;
(iv)commission research and sponsor studies on problems relating to environmental pollution;
(v)examine such manufacturing processes, materials and substances as are likely to cause environmental pollution;
(vi)identify areas in which any activity shall not be carried out or shall be carried out subject to certain safeguards;
(vii)evolve procedures and safeguards for the prevention of accidents which may cause environmental pollution and remedial measures for such accidents;
(viii)collect and disseminate information in respect of matters relating to environmental protection;
(ix)co-ordinate actions required in a state of environmental emergency or any other situation which may pose a serious threat to the environment.
(x)prepare manuals, codes or guidelines relating to environmental protection and for the prevention, control and abatement of pollution and;
(xi)carry out such other matters as the Minister may assign for the purpose of securing the effective implementation of the provisions of this Act.
(6)The Authority shall be responsible to the Minister for carrying out the functions under this Act and for the discharge of any other functions that may be assigned to it by the Minister.
(7)There shall be appointed within the Authority such officers as may be necessary for the proper discharge of the functions of the Authority under this Act.
(8)The officers of the Authority shall be under the direct administrative control of the Administrator.
(9)The Authority may establish as and when deemed necessary, such Technical or Advisory Committee or Committees as it thinks fit, to advise on matters pertaining to the scientific and technical aspects of environmental protection and management.
(10)The Authority shall not, in any matter relating to public health under the Public Health Act, exercise its functions under this Act, except in consultation with the Ministry responsible for health and in accordance with the advice of that Ministry.
(11)Subject to subsection (10), the Authority shall not, in any matter that is under the control or supervision of any Ministry, Government Department or Public Authority, act except with prior consultation with that Ministry, department or body.
(12)Any matter that cannot be resolved by prior consultation under subsection (11) shall be referred to the President whose decision on the matter shall be final.

5. The National Environmental Advisory Council

(1)There is established by this Act the National Environmental Advisory Council.
(2)The Council shall consist of such members as are appointed by the Minister from among persons representing the Government Departments, Non-Governmental Organisations and Associations having environment related functions or who in the opinion of the Minister are knowledgeable in matters relating to environment.
(3)The functions of the Council shall be to—
(a)consider any matter affecting the quality of the environment and report to the Minister;
(b)advise the Minister on the state of the environment and make recommendations regarding actions and measures for environment protection and for improvement of the quality of the environment;
(c)consider any other matter that may be referred to it by the Minister.
(4)The Minister shall appoint one of the members of the Council as its Chairman.
(5)A member of the Council, other than a representative of a Government Department, Non-Governmental Organisation and Association shall hold office for a period of three years and shall be eligible for re-appointment.
(6)The Council may co-opt any person as a member whose membership is considered necessary by virtue of the knowledge and experience of that person in environmental matters.
(7)The Council shall meet at such time and at such places as the Chairman may determine.
(8)One third of the members of the Council shall constitute a quorum.
(9)The Council shall regulate its own proceedings in such manner as it thinks fit.
(10)The Secretary of the Council shall be nominated by the Administrator.

Part III – Prevention, control and abatement of environmental pollution

6. Standards

The Minister may, on recommendations from the Authority, prescribe standards for—
(a)quality of air, water or soil for various areas and purposes.
(b)effluent limitations for existing and new point sources.
(c)emissions of air pollutants from mobile and stationary sources;
(d)noise emissions from various sources including construction sites, plants, machinery, motor vehicles, aircraft, industrial and commercial activities;
(e)odours as are required to preserve and maintain public health and the environment;
(f)pesticide residues in the environment.

7. Water quality management, protection of surface water, ground water and soil

(1)The Minister may by regulations provide for—
(a)the preservation of fishing areas, aquatic areas, drinking water sources and reservoirs, recreational and other areas where water may need special protection and;
(b)carrying out works which appear to be necessary to prevent, control or abate water pollution from natural causes or from abandoned works or projects or activities.
(2)
(a)The Minister may, on the recommendation of the Authority, classify all waters in Seychelles based on their best usage.
(b)The Authority shall in making its recommendations have regard to section 4(10) and (11) and take into consideration the following factors—
(i)the existing quality of the body of water at the time of classification;
(ii)the size, depth, surface area covered, volume, direction and rate of flow, gradient of stream; and
(iii)the most beneficial use and value for public water supplies, propagation of fish, recreational purposes, agricultural, industrial and other legitimate uses.
(c)Where the public interest so requires the Minister on the recommendation of the Authority, may re-classify a body of water based on intended beneficial use and take such steps as may be necessary to upgrade the quality of such water.
(d)Where the quality of the water has deteriorated to a degree where its state shall adversely affect its best usage, the Authority, in co-ordination with other public bodies associated with water quality management may take measures as deemed necessary to upgrade the quality of such waters to meet the prescribed water quality standards.
(3)
(a)The Minister may, in consultation with the Minister in charge of water resources, by notice in the gazette declare a protection zone for the purposes of protecting the catchment areas used for abstracting water for supplying to the Community.
(b)The Minister may by regulations prohibit or regulate in the protection zone activities which may affect the quality of the water directly or indirectly.
(4)
(a)No person shall, without an authorisation from the Authority, discharge or place into the ground or dispose of in the sub‑soil or dig into the ground any polluting or hazardous substance or waste.
(b)An authorisation issued under paragraph (a) above may be modified or revoked at any time by the Authority, if there is a risk of pollution of the water-supply source or for any other consideration for the protection of the environment.
(c)An owner or user of any land shall immediately notify to the Authority any incidents of pollution of the soil or sub-soil owned or used by such owner or user.
(5)No person shall, without an authorisation from the Authority, discharge any effluent or throw, deposit, or place any polluting or hazardous substance or waste or any obstructing matter into in any watercourse or in the territorial waters.
(6)A person who contravenes subsection (4)(a) or (5) is guilty of an offence under this Act.

8. Air

(1)The Minister, on the recommendations of the Authority may, declare by notice in the gazette any area as an air pollution control area for the purposes of this Part.
(2)No person shall, without an authorisation from the Authority, cause any emission in an air pollution control area.
(3)No person shall, without an authorisation from the Authority, establish or operate any industrial plant in an air pollution control area.
(4)The Authority may grant the authorisation for such period and with such conditions as it may specify.
(5)An authorisation may be revoked at any time if the conditions under which it was granted are violated.
(6)The Minister may by regulations—
(a)prescribe controls for the use of any fuel or any appliance which may cause or is likely to cause air pollution;
(b)prohibit the burning of any material (not being fuel),
in an air pollution control area.
(7)For the purpose of this Part the Authority may establish monitoring stations or networks to locate sources of atmospheric pollution.
(8)A person who contravenes subsection (2) or (3) is guilty of an offence under this Act.

9. Noise

(1)The Minister may, on the recommendations of the Authority, by regulations, establish noise emission standards and such noise abatement measures as may be necessary to preserve the environment.
(2)No person shall emit noise in excess of the noise emission standards established under this Part, except where an authorisation has been granted by the Authority allowing excessive emission of noise under such terms and conditions as it may determine.
(3)The terms and conditions of an authorisation under sub-section (2) shall include compliance with such measures required to adequately protect persons exposed to excessive levels of noise.
(4)A person who contravenes subsection (2) is guilty of an offence under this Act.

10. Ozone protection

(1)The Authority may undertake to study data and recognize national and international developments regarding the cumulative effect of any substance, practice or activity on the stratosphere and which may reasonably be anticipated to endanger the environment.
(2)The Authority may make recommendations to the Minister and undertake programmes for the control of any substance, practice, or activity which may reasonably be anticipated to endanger the environment.
(3)The Minister may by regulations provide for the control of any substance, practice, or activity which may reasonably be anticipated to endanger the environment.
(4)For the purposes of this section, "stratosphere" means the part of the atmosphere above the troposphere.

11. Coastal Zone its management and protection

(1)The Minister may by order published in the Gazette declare one or more Coastal Zones.
(2)
(a)The Authority shall make or cause to be made a survey of the Coastal Zone and prepare or cause to be prepared an Integrated Coastal Zone Management Plan based on the report of such a survey.
(b)The Authority shall, from time to time, review the Coastal Zone Management Plan prepared under paragraph (a), as the circumstances may require.
(3)The report of a survey shall include—
(a)an inventory of all structures, roads, excavations, harbours, outfalls, dumping sites and other works located in the Coastal Zone;
(b)an inventory of the state of the coral reefs, mangroves and marshes found within the coastal zone;
(c)an inventory of all commercially exploitable mineral deposits, both proven and suspected, located within the Coastal Zone;
(d)an inventory of all areas within the Coastal Zone of scenic value or of value for recreational purposes;
(e)an inventory of all estuarine or wetland areas within the Coastal Zone with an indication of their significance as fisheries or wildlife habitat;
(f)an inventory of all areas within the Coastal Zone of special value for research regarding coastal phenomena, including fisheries and sea erosion, littoral movements and related subjects;
(g)an estimate of the quantities of sand, coral, sea shells and other substances being removed from the Coastal Zone;
(h)an estimate of the impact of erosion on the Coastal Zone;
(i)an estimate of the extent, nature, causes and sources of coastal pollution and degradation;
(j)any other relevant data or information that may be deemed necessary.
(4)No person shall release or cause to be released into the Coastal Zone such polluting or hazardous substances by dumping or through the atmosphere.
(5)
(a)The Minister may make such regulations as deemed necessary to ensure that activities in the Coastal Zone are so conducted as not to cause damage to the environment and to provide for such measures as are necessary to prevent, reduce and control pollution in the Coastal Zone.
(b)Notwithstanding the generality of paragraph (a), the regulations may provide for—
(i)the control and prevention of pollution of the marine environment from land-based sources, including rivers, estuaries, pipelines and outfall structures;
(ii)such other matters relating to the preservation and conservation of the Coastal Zone.
(6)A person who contravenes subsection (4) is guilty of an offence under this Act.

12. Waste

(1)The Minister shall prescribe—
(a)standards for the classification and analysis of wastes and on standard treatment and disposal methods;
(b)regulations on the introduction, production, possession, handling, storage, transportation, segregation and disposal of hazardous waste;
(2)The Minister shall designate the Agency responsible for the management of wastes.
(3)No person shall deposit or discharge waste on any land or cause or permit waste to be deposited or discharged on any land, except in a case where waste is deposited or discharged—
(a)the site on which it is deposited or discharged, is a designated waste dump for the type of waste and the waste has been deposited or discharged in accordance with the authorisation from the Agency;
(b)the waste has been placed in a receptacle adapted for this purpose and there is an arrangement or arrangement has been made for the collection and disposal of the waste; or
(c)the waste—
(i)is of a type which under this Act may be deposited in a public waste bin:
(ii)has been placed in a receptacle or a public waste bin which is approved by the Agency responsible for the collection and disposal of waste in accordance with the instructions of the Agency:
(4)No person shall—
(a)throw, deposit or place any waste on or in any street or public place;
(b)drive any vehicle on any street or public place unless any load which is likely to result in the littering or damage of the street or public place is so secured and packed that no part or content of the load may fall, escape or blow on to the street or public place.
(5)Where part or the content of any load of a vehicle has fallen, escaped or been blown on to a street or public place it shall be presumed unless the driver proves the contrary that the driver of the vehicle has failed to secure the load as provided in sub-section (4)(b).
(6)No person shall dispose of any hazardous waste except in accordance with the authorisation from the Agency.
(7)No person shall import any hazardous waste into Seychelles.
(8)
(a)No person shall transport hazardous waste within or through Seychelles without an authorisation from the Agency.
(b)No person shall export hazardous waste to any country without obtaining an authorisation from the Agency and the prior informed consent of the receiving country.
(9)The Agency shall—
(a)designate, monitor and regulate waste disposal sites;
(b)monitor the contamination and degradation of the environment arising from the operation of any waste disposal site;
(c)monitor the safety and health of workers at waste disposal sites;
(d)maintain the statistical data on the nature, quantity and volume of waste generated, and on sites and waste processing, where waste disposal is taking or has taken place;
(e)do all such things as appear to be reasonably necessary for the monitoring and control of waste.
(10)A person who contravenes subsection (3) or subsection (4)(a) or (b) or subsection (6) or subsection (7) or subsection (8)(a) or (b) is guilty of an offence under this Act.

13. Minimization of waste

With a view to promote recycling and cleaner technology and minimizing waste disposal problems, the Minister may by regulations—
(a)specify raw materials, additives or auxiliary substances that shall not be present or shall only be present in quantities as may be prescribed in materials and products sold or used in the Seychelles;
(b)specify materials and products that shall contain specified proportions of recycled or recyclable material or products;
(c)prohibit or regulate the use of specified materials or types of materials in products or goods for specific purposes, including packaging;
(d)prescribe a fee to be paid to the designated Agency under Section 12(2) by importers or manufacturers of specified materials, products or goods including packaging material to cover costs in respect of disposal of the materials, products or goods.

14. Hazardous substances

(1)No person shall handle or cause to be handled any hazardous substance except in accordance with such procedures and after complying with such safeguards as may be prescribed.
(2)"Handling", in relation to any substance, means the manufacture, processing, treatment, package, storage, transportation, importation, use, collection, destruction, conversion, offering for sale, transfer or the like of a substance.
(3)A person who contravenes subsection (1) is guilty of an offence under this Act.

Part IV – Environment impact assessment

15. Environment Impact Assessment Study and authorisation for particular projects and activities

(1)Notwithstanding any license, permit or approval granted under any other enactment any person who commences, proceeds with, carries out, executes or conducts or causes to commence, proceed with, carry out, execute or conduct any prescribed project or activity or any project or activity in a protected or ecologically sensitive area as may be prescribed under this Act or under any other Act for the time being in force—
(a)without carrying out an Environmental Impact Assessment Study and obtaining the authorisation from the Authority; or
(b)in breach of any conditions imposed by the Authority,
is guilty of an offence.
(2)The Minister may, for the purposes of this Part appoint an Environmental Appraisal Committee or Committees to advise the Authority on any proposal for a project or activity.
(3)An Environmental Impact Assessment Study shall contain a true statement and description of—
(a)the location, size and scope of the project or activity and description of the original state of the environment prior to implementation of the project or activity;
(b)the principle, concept and the purpose of the project or the activity;
(c)the technical aspects relating to the project or the activity;
(d)the direct or indirect effects that the activity is likely to have on the population, flora and fauna, soil, air, water, landscape, and other physical assets including historical, artistic and archeological;
(e)any actions or measures which may avoid, prevent, change, mitigate or remedy the likely effects of the activity or the project on the environment;
(f)the inevitable adverse effects that the project or the activity is likely to have on the environment if it is implemented in the manner proposed by the proponent;
(g)the irreversible and irretrievable impact on the commitments of resources which will be involved by the project or the activity;
(h)the actions or measures proposed for compensating physically or financially for any resulting loss or damage to the environment.
(i)a study of the feasible alternatives considered, including a summary of all the expected impacts;
(j)an environmental monitoring programme;
(k)such other information as may be necessary to a proper review of the potential environmental impact of the project or the activity.
(4)
(a)The project proponent shall be responsible for the preparation of the Environmental Impact Assessment Study and its submission to the Authority.
(b)The procedures for submission of the Environmental Impact Assessment Study and for the grant of authorisation by the Authority shall be as prescribed by regulations.
(5)
(a)An Environmental Impact Assessment Study shall be open for public inspection at all reasonable times.
(b)The time limit for the submission of public comments shall be notified by the Authority by giving a notice to that effect in two issues of the daily newspaper with an interval of at least seven days between the first and the second publications.
(c)A notice published under paragraph (b) shall state—
(i)a summary description of the activity;
(ii)the location where the activity is to be carried out;
(iii)the place where the Environmental Impact Assessment Study may be inspected.
(6)The Authority shall be responsible for the monitoring of the conclusions of the Environmental Impact Assessment Study and to ensure that the necessary conditions are complied with.
(7)If work on a project or activity is commenced in contravention of the provisions in this Part, the Authority may direct the owner to suspend the project or the activity.
(8)A direction to suspend the project or activity may also be issued if,
(a)the proponent has concealed, given false information or manipulated data in the course of the assessment procedure with the intent to mislead the Authority;
(b)fails to comply with or contravenes any of the conditions upon which the implementation of the project depends.
(9)Wherever project implementation as referred to in this part brings about a change in the physical environment, the project proponent shall restore the matters specified by the Authority.
(10)Where the project proponent fails to do so the Authority may itself perform the work and recover the cost from the project proponent who, in any event, shall compensate for any resulting loss or damage to the environment.
(11)The Minister may, with the approval of the Cabinet, in exceptional circumstances and by notification giving grounds on which the decision is based, exclude a prescribed project from the Environment Impact Assessment process.
(12)The notification under subsection (11) shall be made public and shall state the measures which are deemed to be necessary in order to reduce the environmental impact of the activity or the project.
(13)Any person aggrieved by the decision or order of the Competent Authority may appeal to the Minister in the prescribed manner, and the Minister may affirm, revoke or vary the decision or order.
(14)A person who fails to comply with a direction given under subsection (7) is guilty of an offence.

Part V – Enforcement

16. Enforcement notice

(1)Where the Administrator is of the opinion that a person is contravening, or is likely to contravene any provision of this Act, the Administrator may cause to be served on the person an enforcement notice—
(a)stating that the Administrator is of the said opinion;
(b)specifying the matter constituting the contravention or the matters making it likely that the contravention will arise, as the case may be;
(c)specifying the measures that shall be taken to remedy the contravention or eliminate the likelihood of a contravention as the case may be and
(d)specifying the period within which the measures shall be implemented.
(2)Any person who fails to comply with an enforcement notice under subsection (1) is guilty of an offence.

17. Prohibition notice

(1)Where the Administrator is of the opinion that any project or activity or the manner in which a project or activity is carried on, involves an imminent risk of serious pollution of the environment, the Administrator may cause to be served on the person owning, or managing, or in charge of, or in control of the project or activity a prohibition notice.
(2)A prohibition notice may be served whether or not—
(a)the activity, or the manner in which the project or activity is carried on, constituted a contravention of this Act,
(b)there is in force in relation to that project or activity, a licence, permit or approval issued under this Act or under any other Act.
(3)A prohibition notice shall—
(a)state the opinion of the Administrator;
(b)specify the risk of serious pollution involved as well as the way in which the project or activity or the manner in which the project or activity is carried on, is suspected to give rise to the risk;
(c)specify the measures that shall be taken to remove the risk of pollution and the period within which they shall be implemented;
(4)A prohibition notice shall not be a bar to a prosecution for any offence, even if there are consultations with the person served with the notice.
(5)Any person who fails to comply with a prohibition notice, is guilty of an offence.

18. Variation notice

(1)Any person affected, or any person empowered under Section 21, may apply to the Administrator for an amendment of a notice served under this Act.
(2)The Administrator, on the initiative of the Administrator, or on an application, may amend a notice served under this Act by causing to be served on the person affected a variation notice.
(3)A variation notice shall—
(a)refer to the notice which is amended;
(b)specify the amendment to the notice;
(c)where necessary, vary the date specified in the notice.
(4)A variation notice shall supersede the notice to which it refers to the extent of the amendment and shall be deemed to be a notice served under section 16 or section 17, as the case may be.

19. Withdrawal notice

(1)Where the Administrator is satisfied that—
(a)the measures required to be taken in a notice have been implemented;
(b)there exists no further pollution or risk of pollution to the environment by that project or activity;
the Administrator may withdraw the notice.

20. Appeals

Any person aggrieved by a notice made under this part, may appeal to the Minister in the prescribed manner and the Minister may affirm, vary or revoke the notice.

21. Enforcement powers and authorised officers

(1)The Minister may empower any person appointed under this Act or under any other law for the purpose of implementation of specific provisions of this Act and shall issue to such person a certificate of his authority so to act.
(2)A person empowered under subsection (1) shall hereafter be referred to as an authorised officer.

22. Powers of entry, inspection and seizure

(1)Any authorised officer shall have a right to enter, at all reasonable times with such assistance as the officer considers necessary, any place or premises for the performance of any of the functions entrusted to the officer under the Act and for the purpose of determining whether any provisions of this Act or any notice, order, direction or authorisation served, made, given or granted under this Act is being or has been complied with and for the purpose of examining and testing any equipment, industrial plant, record, register, document or any other material object or for conducting a search of any building in which the officer has reason to believe that an offence under this Act has been or is being or is about to be committed and for seizing any such equipment, industrial plant, record, register, document or other material object if the officer has reasons to believe that it may furnish evidence of the commission of an offence punishable under this Act or that such seizure is necessary to prevent or mitigate pollution.
(2)Every person carrying on any project or activity shall be bound to render all assistance to an authorised officer for carrying out the functions stated above and is, if the person fails to do so without any reasonable cause or excuse, guilty of an offence under this Act.
(3)If any person willfully delays or obstructs any authorised officer in the performance of the functions of that officer, the person is guilty of an offence under this Act.
(4)An authorised officer shall, if so requested, by any person affected, produce the certificate of authority referred to in section 21.

23. Declaration of environmental emergency

The Minister may declare an environmental emergency—
(a)where pollution occurs or is apprehended to occur due to any accident or other unforseen act or event; or
(b)where in the opinion of the Minister there is an imminent risk of serious pollution of the environment.
in case of an environmental emergency declared under section 23, an authorised officer may, without warrant, arrest a person reasonably suspected of the contravention of this Act.

24. Power of arrest

(1)Any authorised officer shall have the power to take, for the purpose of analysis, samples of air, water, soil or other substance from any factory premises or other place in such manner as may be prescribed.
(2)The result of any analysis of a sample taken under subsection (1) shall be admissible in evidence in any legal proceeding provided the procedure set out in subsections (3) and (4), as the case may be, is followed.
(3)In exercising the powers under subsection (1) the authorised officer shall—
(a)serve on the owner or the agent of the owner or person in charge of the place, a notice, then and there, in such form as may be prescribed, of the intention of the officer to have it so analysed;
(b)in the presence of the owner or the agent or person in charge of the place, collect a sample for analysis;
(c)cause the sample to be placed in a container or containers which shall be marked and sealed and shall also be signed both by the authorised officer and the owner or the agent or person in charge of the place;
(d)send without delay, the container or the containers to the laboratory established or recognized under the Act.
(4)When a sample is taken for analysis and the authorised officer taking the sample serves on the owner or agent of the owner or person in charge of the place, a notice under subsection (3)(a) then—
(a)in a case where the owner, the agent or person in charge of the place willfully keeps away from the places, the authorised officer shall collect the sample for analysis to be placed in a container or containers which shall be marked and sealed and shall also be signed by the authorised officer taking the sample, and
(b)in case where the owner or the agent or person in charge of the place present at the time of taking the sample refuses to sign the marked and sealed container or containers of the sample as required, the marked and sealed container or containers shall be signed by the authorised officer taking the samples, and the container or containers shall be sent without delay by the authorised officer taking the sample for analysis to the laboratory established or recognized under the Act and the authorised officer shall inform the Government Analyst appointed or recognized under the Act in writing about the willful keeping away of the owner or the agent or person in charge of the place or, as the case may be, the refusal to sign the container or containers.

25. Power to take samples

(1)The Minister may, by notice in the Gazette—
(a)establish one or more environmental laboratories;
(b)recognize one or more laboratories or institutes as environmental laboratories,
to carry out the functions entrusted to the environmental laboratory under this Act.
(2)The Minister may, make Regulations specifying:—
(a)the functions of the environmental laboratory;
(b)the procedure for the submission to the said laboratory of samples of air, water, soil or other substance for analysis or tests, the form of the laboratory report thereon and the fees payable for such report;
(c)such matters as may be necessary or expedient to enable that laboratory to carry out its functions.

26. Laboratories

The Minister may by notice in the Gazette, appoint or recognize such person or persons as the Minister thinks fit and having the prescribed qualifications to be Government Analysts for the purpose of analysis of samples of air, water, soil or other substance sent for analysis to any environmental laboratory established or recognized under the Act.

27. Government analyst

Any document purporting to be a report signed by the Government analyst may without proof of signature, be used as evidence of the facts stated therein in any proceeding under this Act.

28. Reports of Government analyst

Part VI – Offences, penalties and procedures

29. Fixed penalty

(1)Subject to subsection (2), a person who is guilty of an offence under section 12(4) (a) or (b) is liable on conviction to a fine of Rs. 5000.
(2)Where on any occasion, an authorised officer finds a person who the officer has a reason to believe has on that occasion committed an offence under section 12(4) (a) or (b), the officer may give that person a notice offering the person the opportunity of discharging any liability to conviction for that offence by payment of a fixed penalty.
(3)Where a person is given a notice under this section in respect of an offence—
(a)no proceedings shall be instituted for that offence before the expiration of fourteen days following the date of the notice;
(b)the person shall not be convicted of that offence if the person pays the fixed penalty before the expiration of that period.
(4)A notice under this section shall give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence and shall state—
(a)the period during which, by virtue of subsection (3) proceedings will not be taken for the offence;
(b)the amount of fixed penalty; and
(c)the person to whom and the address at which the fixed penalty may be made or paid.
(5)A fixed penalty specified in a notice under subsection (4) may be paid in cash to the person specified in the notice or by cheque enclosed in a letter addressed to that person at the address specified in the notice.
(6)Where a letter is sent in accordance with subsection (5), the payment shall be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.
(7)The form of notices under this section shall be such as may be prescribed under the regulations.
(8)The fixed penalty payable in pursuance of a notice under this section shall, subject to subsection (9), be R 100.
(9)The Minister may by order substitute a different amount for the time being specified as the amount of the fixed penalty in subsection (8).
(10)In any proceedings a certificate which purports to be signed by or on behalf of the person receiving the fixed penalty stating that the payment of a fixed penalty was or was not received by a date specified in the certificate, shall, without proof of signature, be evidence of the facts stated therein.

30. Failure to comply with specific provisions

(1)Any person who commits an offence under section 16(2) or section 17(5) or section 22(2) or section 22(3) is liable on conviction, to imprisonment for one year and a fine of R50,000 and, if the offence is continued after conviction, is liable to a further fine of R5000 for each day during which the offence is so continued.
(2)A person who commits an offence under sections 7(4)(a) or section 7(5) or section 8(2) or section 8(3) or section 9(2) or section 11(4) or section 12(3) or section 12(6) section 12(7) or section 12(8)(a) or section 12(8)(b) or section 14(1) or section 15(1) or section 15(14) is liable, on conviction, to imprisonment for 6 years and a fine of R250,000 and, if the offence is continued after conviction, is liable to a further fine of R5000 for each day during which the offence is so continued.
(3)Where an offence specified in subsection (2) is continued beyond a period of one year after conviction by the person so convicted the person is guilty of an offence and liable on conviction to imprisonment for not less than 2 years and not exceeding 7 years.

31. Penalty for certain acts

Any person who—
(a)destroys, pulls down, removes, injures or defaces any pillar, post or stake fixed by the Authority or any notice or other matter put up, inscribed or placed by or under the order of the Authority; or
(b)obstructs any person acting under the orders or directions of the Authority from exercising the powers and performing the functions under this Act; or
(c)damages any works or property belonging to the Authority, or
(d)fails to furnish to any officer or other employee of the Authority a report or any information required by the officer or employee for the purpose of this Act, or
(e)fails to intimate the occurrence of any accident or other unforeseen act to the Authority, or
(f)in giving a report or any information which the person is required to give under this Act, makes a statement which is false or misleading in any material particular,
is guilty of an offence and is liable on conviction to imprisonment for 6 months and a fine of R10,000.

32. Civil liability

In addition to imposing a penalty for an offence arising under the provisions of this Act, the Court may order the person convicted to compensate for any loss or damage to the environment and to take such steps as may be specified in the order and within such time as may be specified, to pay damages and to prevent, control, abate or mitigate any harm to the environment caused by the commission of the offence or to prevent the continuance or recurrence of the offence.

33. Offences by companies

(1)Where any offence under this Act has been committed by a company, every person who, at the time of offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company is guilty of the offence and liable to be proceeded against and punished accordingly:Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if the person proves that the offence was committed without the knowledge of that person or that the person exercised all due diligence to prevent the commission of such offence.
(2)Where an offence under this Act has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer is guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(3)For the purposes of this section—
(a)"company" means any body corporate and includes a partnership or other association of individuals;
(b)"director" in relation to a partnership, means a partner in the firm.

34. Savings

(1)The provisions of this Act shall be in addition to and not in derogation of the provisions of the Public Health Act.
(2)Subject to sub-section (1), in case of inconsistency between any of the provisions of this Act or the Regulations made thereunder and any other law for the time being in force, the provisions of this Act shall apply.

Part VII – Miscellaneous provisions

35. Delegation of powers

The Minister may, by notification in the official gazette, delegate, subject to such conditions and limitations as may be specified in the notification, such of the powers and functions under this Act (except the power to make regulations) as the Minister may deem necessary or expedient, to any person or public authority.

36. Furnishing of information to the authority in certain cases

(1)Where the discharge of any pollutant in excess of the prescribed standards occurs or is apprehended to occur due to any accident or other unforeseen act or event, the person responsible for such discharge and the person in charge of the premises shall be bound to prevent or mitigate the pollution caused as a result of such discharge and shall also forthwith—
(a)intimate the fact of such occurrence or apprehension of such occurrence; and
(b)be bound, if called upon, to render all assistance,
to the Authority or such other authorities or agencies as may be prescribed.
(2)A person who fails to comply with subsection (1) is guilty of an offence and is liable on conviction to a fine of R10,000 and to imprisonment for one year.

37. Authority empowered to collect information

(1)The Authority may, in relation to its functions under this Act, from time to time, require any person, officer or other authority to furnish to it or to any prescribed authority or officer any reports, returns, statistics, accounts and other information that may be required for the purposes of this Act and such person, officer, or other authority shall be bound to do so.
(2)A person who fails to comply with subsection (1), on being required by the Authority to do so, is guilty of an offence and is liable on conviction to a fine of R10,000.

38. Confidentiality of information

Where any officer of the Authority or any person appointed on a committee or any person discharging any function or duty under this Act discloses otherwise than in the performance of the duty of the officer or such person any information relating to any trade secret used in carrying on a particular project or activity and the information has been given to the officer or such person by virtue of this Act, the officer or such person is guilty of an offence and is liable on conviction, to a fine of R10,000 and to imprisonment for one year.

39. Protection of officers for action taken in good faith

No suit or prosecution or other legal proceedings shall lie against the Minister or an officer of the Authority or an officer empowered under this Act, for anything that is done or intended to be done in good faith in pursuance of this Act or the regulations made thereunder.

40. Power to make regulations

(1)The Minister may make regulations under this Act for all such matters as are to be prescribed under the Act and for any other matter that may be deemed necessary in pursuance of the objects of this Act, for the protection of any aspect of the environment and for the prevention, control and abatement of environmental pollution.
(2)Regulations made under this section may provide for offences and penalties not exceeding R20,000 by way of fine and 2 years by way of imprisonment in respect of those offences.

History of this document

29 September 2016
30 June 2012 this version
Consolidation
01 March 1995
Commenced
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