Acts Online
GT Shield

Antarctic Treaties Act, 1996 (Act No. 60 of 1996)

Regulations

Antarctic Treaties Regulations, 2021

Chapter 7 - Compliance and Enforcement

36. Power to issue directives

 

(1) An inspector may, subject to sub-regulation (2), issue a directive if there are reasonable grounds for believing that a person has not complied with a provision of the Act or these Regulations.

 

(2) Before issuing a directive, an inspector must give the person to whom the inspector intends to issue the directive a reasonable opportunity to make representations in writing to the inspector as to why he or she should not issue the directive as intended.

 

(3) If an inspector has reasonable grounds to believe that giving written notice of his or her intention to issue a directive in accordance with sub-regulation (2), will cause a delay resulting in significant harm to the environment, human health or to the well-being of a live animal the inspector may issue a directive without complying with sub-regulation (2).

 

(4) A directive issued in terms of sub-regulation (1) must set out—
(a) details of the conduct constituting non-compliance or details of the disease as the case may be;
(c) any steps the person must take and the period within which those steps must be taken;
(d) any thing which the person may not do, and the period during which the person may not do it; and
(e) the procedure to be followed in lodging an objection to the directive with the Minister.

 

(5) An inspector may, on good cause shown, vary a directive and extend the period within which the person must comply with the directive.

 

(6) A person who receives a directive must comply with that directive within the time period stated in the directive.