General powers of MEC 119. (1) The MEC may – (a) acquire movable or immovable property or a right in or to property for the purposes of the effective implementation of this Act; (b) reserve any provincial land or land acquired in terms of paragraph (a) as a reserved area; (c) (i) admit visitors to a protected or reserved area; (ii) limit the admission of visitors to a protected or reserved area or
100 part of such an area; or (iii) close a protected or reserved area, or part of such an area, entirely or partially to visitors; (d) determine the fees to be levied for the right – (i) to enter a protected or reserved area; or (ii) to perform any particular act therein or to use any facility therein; (e) collect and publish statistics and information in connection with any matter dealt with in this Act; (f) render assistance, whether financial or otherwise, to any person or body of persons promoting environmental management in the Province; or (g) in general take any steps necessary or expedient to implement this Act effectively. (2) Steps in terms of subsection (1) which have financial implications for the Province, may be taken only with the concurrence of the Member of the Executive Council responsible for finance in the Province.
Failure by municipalities to perform functions 120. (1) If a municipality fails to perform a function assigned or delegated to it in terms of this Act, the MEC may, after affording the municipality an opportunity to state its case to the MEC –
(a) in writing direct the municipality to perform the function within a period specified in the directive; and (b) if that municipality fails to comply with the directive, the MEC may perform that function and may authorise any person to take all steps required for that purpose.
(2) Any expenditure incurred by the MEC in terms of subsection (1) may be recovered from the municipality concerned. 101
Directives to stop, curb, prevent or repair damage to environment 121. (1) If the environment is or may be seriously damaged, endangered or detrimentally affected by any person’s unlawful act or omission, the MEC or the municipalityconcerned may in writing direct that person–
(a) to stop that act or omission; or (b) at that person’s own expense, to take steps specified in the directive within a period specified in the directive– (i) to eliminate, reduce or prevent the damage, danger or detrimental effect caused to the environment as a result of the act or omission; or (ii) to repair any damage caused to the environment as a result of the act or omission. (2) If a person to whom a directive in terms of subsection (1) has been issued fails to comply with the directive, the MEC or municipality may take any steps necessary to implement the directive.
(3) Any expenditure incurred by the MEC or municipality in terms of subsection (2) may be recovered from the person concerned.
Regulations 122. (1) The MEC may make regulations relating to – (a) the matters listed in sections 30, 48, 53, 60, 63, 67, 73, 79, 88, 91, 92 or 93; (b) any matter that may be prescribed in terms of this Act; (c) the management and administration of a protected or reserved area; (d) the control of – (i) the behaviour of any person in a protected or reserved area; (ii) animals in such an area; (iii) the traffic in such an area; (e) the use of a vessel in a protected or reserved area, including –
102 (i) the type of vessel that may be used; or (ii) the maximum power or the type of engine or machine that may be used to propel a vessel; (f) the conditions of entry into a protected or reserved area, including a total or partial ban on such entry by the public or private vessel; and (g) the seizure of any live stock or other animals in a protected or reserved area, and the retention and disposal of such live stock or other animals, including the fees and penalties payable by the owner of such live stock or other animals to the Environmental Management Authority for – (i) the herding, tending or the release of these animals; (ii) their dipping, dosing, inoculation or other treatment; (iii) any damage caused on such land by them; or (iv) any other cost incurred by the Environmental Management Authority in respect of these animals; (h) the issuing of permits, permissions, exemptions or other documents in terms of this Act, including – (i) the form and contents of such permits, permissions, exemptions or other documents; (ii) the circumstances in and the conditions on which such permits, permissions, exemptions or other documents may be issued; (iii) the manner in which application must be made for such permits, exemptions or other documents; and (iv) the fees payable for such permits, exemptions or other documents; or (i) any other matter that may be necessary to facilitate the implementation of this Act. (2) Regulations made in terms of subsection (1) may – (a) restrict or prohibit any act either absolutely or conditionally; (b) apply – 103 (i) generally throughout the Province or only in a specified area or category of areas; (ii) generally to all persons or only a specified category of persons; or (iii) generally with respect to all fauna and flora or only a specified species of fauna and flora or category of fauna and flora; or (c) differentiate between – (i) different areas or categories of areas; (ii) persons or categories of persons; or (iii) species of fauna and flora or categories of species of fauna and flora.
(3) Any regulation relating to the payment of fees to the Province or exemption from the payment of such fees, or which will entail the expenditure of provincial funds, may be made only with the concurrence of the Member of the Executive Council responsible for finance in the Province.
(4) Any regulations relating to the powers and duties conferred upon municipalities in terms of this Act must be made in consultation with the Member of the Executive Council responsible for local government in the Province.
(5) Regulations made in terms of subsection (1) may provide that any person who contravenes or fails to comply with a provision thereof is guilty of an offence and liable on conviction to a fine or imprisonment or to both such fine and imprisonment.
(6) Before publishing any regulations in terms of subsection (1), the MEC must publish the draft regulations in the Provincial Gazette for public comment.
Amendment of Schedules 123. The MEC may by notice in the Provincial Gazette make amendments to any of the Schedules to this Act. 104
Provincial government bound by this Act 124. This Act binds the provincial government.
Limitation of liability 125. Neither the State nor any other person is liable for any damage or loss caused by¾ (a) the exercise of any power or the performance of any duty under this Act; or (b) the failure to exercise any power, or perform any function or duty under this Act, unless the exercise of or the failure to exercise the power, or performance or failure to perform the duty was unlawful, negligent or in bad faith.
Repeal of laws and savings 126. (1) Subject to the provisions of subsection (2), the legislation specified in Schedule13 is hereby repealed to the extent set out in the third column thereof. . (2) Anything done under any provision of legislation repealed by subsection (1) and which could have been done in terms of a provision of this Act must be considered as having been done in terms of the latter provision.
(3) An owner of privately owned land or the authority managing state land which, has the words “Protected Environment” or “Private Nature Reserve” in a name assigned to that land without that land having been declared as such in terms of section 21, must within two years from the date of commencement of this Act, have that land declared as a “Protected Environment” or “Private Nature Reserve” in terms of this Act.
Short title and commencement 105 127. (1) This Act is called the Limpopo Environmental Management Act, 2003, and takes effect on a date to be fixed by the Premier by proclamation in the Provincial Gazette.
(2) Different dates may in terms of subsection (1) be determined for different provisions of this Act.