Annexure 3

COMPLIANCE NOTICE IN TERMS OF SECTION 31L OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998 (ACT NO. 107 OF 1998)

To:

Address:

COMPLIANCE NOTICE IN TERMS OF NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998  [INDICATE THE SPECIFIC ACTIVITY/PROPERTY]

I, _______________________________________, in my capacity as an a Grade 1 Environmental Management Inspector / Environmental Mineral Resource Inspector, having considered the matter, am of the view that [Company Name / Natural Person's Name] and its directors [if a corporate entity] have failed to adhere to the provisions of the law in respect of activities conducted by [Company Name / Natural Person's Name] at [Facility I Premises Name].

Accordingly, I hereby issue you, [Company Name / Natural Person's Name] and its directors [where a corporate entity] with a compliance notice in terms of section 31 L of the National Environmental Management Act, 1998 (Act No. 107 of 1998), hereinafter referred to as "NEMA" read with Regulation 8 of the Regulations Relating to Qualification Criteria, Training and Identification of, and Forms to be used by, Environmental Management Inspectors

(GNR ___dated____________).

I refer to the following:

[Refer to any inspections conducted and the observations made, the notice of intention to issue a compliance notice, an representations received and any other relevant correspondence.]

[Refer broadly to the pieces of legislation that have not been complied with]

[Statement to the effect that either not representations were received or where representations were received these were considered but no compelling reason was found as to why this compliance notice should not be issued.]

[INCLUDE ONLY IN CASES WHERE A PRE-COMPLIANCE NOTICE WAS NOT ISSUED DUE TO SUB-REGULATION 8(2)]

[Provide particulars of reason/s why the environmental management inspector/ environmental mineral resource inspector believes that the delay caused by giving written notice of the intention to issue a compliance notice will cause significant and sudden harm to be environment.]

[The failure to comply with the provisions of the law and the conditions of any licence permit/authorisation that may be relevant [delete what is not relevant], your representation and the Department's response thereto is set out in tabular form below.]

[Conclude with reasonable belief in respect of non-compliance.]

In terms of this compliance notice I require you to do the following:

[Steps to be taken: Insert details in respect of the steps to be taken by the person accused of non-compliance and the period in which these steps must be taken].

[Prohibited conduct: List any acts which may not be performed by the person accused of non-compliance and the period in which the prohibition will remain in force.]

If you would like me to vary this compliance notice, including by extending the period to which it relates, you may make representations to me to do so.

If you wish to lodge an objection to this compliance notice, you may do so by making representations, writing, to the Minister responsible for Environmental Affairs, Minister responsible for mineral resources, Minister responsible for water and sanitation (the Minister), Member of the Executive Council (the MEC), or municipal council [delete what is not applicable] within 30 days of receipt of this notice. [Check if there are delegations in place, if so this should be indicated here.]

You may also make representations to the Minister, MEC or municipal council [delete what is not applicable] to suspend the operation of the compliance notice pending finalisation of the objection. [Provide details on where to send the objection/request for a suspension to.]

Irrespective of any representations you may make to me or to the Minister, the MEC or municipal council [delete what is not applicable], you must comply with this compliance notice within the time period stated in the notice unless the Minister, MEC or municipal council [delete what is not applicable] agrees to suspend the operation of the compliance notice.

Should you fail to comply with this compliance notice:

[ONLY USE WHERE THE PARTICULAR PERMIT/LICENCE/AUTHORISATION MAY BE SUSPENDED OR REVOKED

Apart from the instructions contained in this notice, the Department is considering suspending and/or revoking your (insert licence that may be suspended/revoked e.g. Waste Management Licence) in terms of (insert relevant provision that provides for this e.g. section 56 of NEM:WA),as the Department is of the opinion that the licence holder has contravened provisions of (insert relevant Act e.g. NEM:WA) as well as certain of the conditions in that licence and that such contravention may have or is having a significant impact on health or the environment.  In  this regard you are hereby granted (insert reasonable period) in which to make representations as to why the Department should not do so.]

If you are unclear about any aspect of this compliance notice, kindly contact the person indicated for enquiries in writing as soon as possible; or if no such person is indicated then the EMI who has signed this notice.

Signed on this _______________day of ______________________at _________________________________________

_______________________________________________________________________________

Grade 1 Environmental Management Inspector/Environmental Mineral Resource Inspector

(Environmental management inspector/ environmental mineral resource inspector to provide his or  her name, address and other contact details)