Older Persons Act, 2006
R 385
National Environmental Management Act, 1998 (Act No. 107 of 1998)Chapter 7 : Compliance, Enforcement and ProtectionPart 2 : Application and enforcement of Act and any specific environmental management Act31J. Powers to stop, enter and search vehicles, vessels and aircraft |
| (1) | An environmental management inspector or environmental mineral and petroleum inspector, within his or her mandate in terms of section 31D, may, without a warrant, enter and search any vehicle, vessel or aircraft, or search any pack-animal or any other mechanism of transport, on reasonable suspicion that that vehicle, vessel, aircraft, pack-animal or other mechanism of transport— |
[Words preceding section 31J(1)(a) substituted by section 23(a) of the National Environmental Laws Amendment Act, 2022, GG46602, dated 24 June 2022: Commencement by Proclamation 125 of 2023, GG48869, dated 30 June 2023]
| (a) | is being or has been used, or contains or conveys anything which is— |
| (i) | an offence in terms of the law for which that inspector has been designated in terms of section 31D; or |
| (ii) | a breach of such law or a term or condition of a permit, authorisation or other instrument issued in terms of such law; or |
| (b) | contains or conveys a thing which may serve as evidence of such offence or breach. |
[Section 31J(1) amended by section 15(a) of Act No. 30 of 2013]
| (2) | An environmental management inspector or environmental mineral and petroleum inspector may, without a warrant, seize a vehicle, vessel, aircraft, pack-animal or any other mechanism of transport or anything contained in or on any vehicle, vessel, aircraft, pack-animal or other mechanism of transport— |
[Words preceding section 31J(2)(a) substituted by section 23(b) of the National Environmental Laws Amendment Act, 2022, GG46602, dated 24 June 2022: Commencement by Proclamation 125 of 2023, GG48869, dated 30 June 2023]
| (a) | which is concerned in or is on reasonable grounds believed to be concerned in the commission of an offence; |
| (b) | which may afford evidence of the commission or suspected commission of an offence; |
| (c) | which is intended to be used or is on reasonable grounds believed to be intended to be used in the commission of an offence; or |
| (d) | which, on reasonable grounds, is being utilised in a manner that is likely to cause significant pollution, impact or degradation of the environment, |
in terms of this Act, a specific environmental management Act or a provincial Act that substantively deals with environmental management.
[Words following section 31J(2)(d) substituted by section 23(c) of the National Environmental Laws Amendment Act, 2022, GG46602, dated 24 June 2022: Commencement by Proclamation 125 of 2023, GG48869, dated 30 June 2023]
| (3) | The provisions of section 31I apply to anything seized in terms of subsection (2), subject to such modifications as the context may require. |
| (4) | An environmental management inspector or environmental mineral and petroleum inspector may for the purpose of implementing subsection (1), at any time, and without a warrant— |
[Words preceding section 31J(4)(a) substituted by section 23(d) of the National Environmental Laws Amendment Act, 2022, GG46602, dated 24 June 2022: Commencement by Proclamation 125 of 2023, GG48869, dated 30 June 2023]
| (a) | order the driver of a vehicle or vessel to stop, or the pilot of an aircraft to land; or |
| (b) | if necessary and possible, force the driver or pilot to stop or land, as the case may be. |
| (5) | An environmental management inspector or environmental mineral and petroleum inspector may exercise on or in respect of such vehicle, vessel or aircraft any of the power mentioned in section 31H. |
[Section 31J(5) substituted by section 23(e) of the National Environmental Laws Amendment Act, 2022, GG46602, dated 24 June 2022: Commencement by Proclamation 125 of 2023, GG48869, dated 30 June 2023]
| (6) | An environmental management inspector or environmental mineral and petroleum inspector may apply to the National or Provincial Commissioner of Police for written authorisation in terms of section 13(8) of the South African Police Service Act, 1995 (Act No. 68 of 1995), to establish a roadblock or a checkpoint. |
[Section 31J(6) substituted by section 23(f) of the National Environmental Laws Amendment Act, 2022, GG46602, dated 24 June 2022: Commencement by Proclamation 125 of 2023, GG48869, dated 30 June 2023]
| (7) | An environmental management inspector has, within his or her mandate in terms of section 31D, all the powers of a member of the South African Police Service in terms of section 13(8)of the South African Police Service Act, 1995. |
