CHAPTER 14

ENVIRONMENTAL COMPLIANCE OFFICERS

Appointment of Environmental Compliance Officers

94. (1) The Head of the Environmental Management Authority must–

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(a) appoint from the staff of the Environmental Management Authority,
Environmental Compliance Officers as may be necessary for the
enforcement of this Act; and

(b) issue a document in the prescribed form certifying that a person has been
appointed as an Environmental Compliance Officer.

(2) An Environmental Compliance Officer, when acting in terms of this Act, must
produce the appointment certificate to a member of the public.

(3) The Head of the Environmental Management Authority may at any time cancel
the appointment of a person as an Environmental Compliance Officer and withdraw the certificate issued in terms of subsection (1) to the person concerned.

(4) The Head of the Environmental Management Authority may not appoint a person
as an Environmental officer unless that person complies with the prescribed standards.

Appointment of Honorary Environmental Compliance Officers

95. (1) The Head of the Environmental Management Authority may –
(a) appoint private individuals as Honorary Environmental Compliance Officers; and

(b) issue certificates of appointment to these officers.

(2) Section 94(2),(3) and (4) is also applicable to Honorary Environmental Compliance Officers.

Powers, functions and duties of Environmental Compliance Officers and Honorary Environmental Compliance Officers

96. (1) An Environmental Compliance Officer may, in addition to the powers assigned to such an officer in terms of this Act–

(a) (i) at any time enter upon any land or premises if the officer has reasonable suspicion that a provision of this Act has been
breached, and carry out an investigation on that land or premises
that may be necessary to establish whether such provision has been
breached;
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(ii) subject to prior notification to the landowner where this is possible,
enter upon any land for the purpose of performing an act ordered
or authorised by the MEC in terms of section 81 or 87, together
with such equipment and assistants as are required for the
performance of the act;

(iii) enter upon any land or premises at any reasonable time and after
reasonable notice to the owner, in order to investigate whether
action is necessary to give effect to the provisions of this Act;

(b) search any land, premises, building, tent, camping place, vessel or
container, if the officer has reasonable suspicion that there is a thing
therein or thereon –

(i) which is or has been used for the purpose of or in connection with
the commission of an offence in terms of this Act; or

(ii) which may serve as evidence of the commission or intended
commission of such an offence;

(c) at any time, direct the person in charge of a vessel to stop, or use such
force as may be reasonable necessary to stop the vessel, if the officer has
reasonable suspicion that the vessel contains or conveys a thing –

(i) which is or has been used for the purpose of or in connection with
the commission of an offence in terms of this Act; or
(ii) which may serve as evidence of the commission or intended
commission of such an offence;
(d) seize anything which the officer reasonably believes –
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(i) is being or has been used for the purpose of or in connection
with the commission of an offence in terms of this Act; or

(ii) may serve as evidence of the commission or intended commission
of such an offence;and must provide a receipt for such seized articles;

(e) at any time question a person who the officer reasonably believes has
information relating to a breach of a provision of this Act, and order such
person to furnish such information;

(f) demand the name, address and identification number of any person who –

(i) has committed an offence in terms of this Act;

(ii) is reasonably suspected of having committed an offence in terms of this Act;

(iii) is reasonably believed to be able to give evidence relating to an
offence in terms of this Act; or

(iv) is reasonably suspected of having evidence that an offence in terms of this Act has been or is to be committed;

(g) instruct a person who –

(i) commits an act in contravention of a provision of this Act to cease committing that act immediately or within a specified period; or

(ii) fails to perform an act required by a provision of this Act, to perform that act immediately or within a specified period;

(iii) has committed an offence, not to remove evidence referred to in the instruction, or to deal with the evidence as instructed;

(h) remove or cause to be removed any snare, trap, gin, net, birdlime, pitfall,capture boma, holding pen, trap cage, set gun, fish-trap, set-line, poison or other device or means which is reasonably believed of being used to hunt
or capture a wild or alien animal or aquatic biota unlawfully, or if it cannot
be removed, destroy it or cause it to be destroyed or render it harmless or
cause it to be rendered harmless;


(i) instruct any person who in a protected or reserved area or on land used by the Environmental Management Authority for the purposes of this Act,contravenes or fails to comply with the provisions of this Act or a requirement or condition determined in terms of this Act, to leave such area or land;
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(j) stop a vessel in a protected or reserved area or on land or waters used by
the Environmental Management Authority for the purpose of this Act, and
inspect it to determine whether it complies with the requirements
prescribed or determined in terms of this Act;

(k) destroy a dog not used in lawful hunting which is pursuing or searching
for a wild animal;

(l) demand from any person required in terms of this Act to keep or carry on
that person any register, record, book, document or written permission, to
produce it for inspection;

(m) demand from any person who performs an act, or is reasonably suspected
of performing an act, which may not in terms of this Act be performed
without a permit, written permission, exemption or other document, to
produce such document;

(n) in the exercise of a power or the performance of a function or duty in
terms of this Act make use of an interpreter or, if necessary, of one or
more persons, and such an interpreter or other person is deemed to be an
Environmental Compliance Officer while acting under the control of an
Environmental Compliance Officer;

(o) seize any stock or other animal trespassing in a protected or reserved area
or on land used by the Environmental Management Authority for the
purposes of this Act, and despite the provisions of any legislation relating
to pounds, retain that stock or other animal; and

(p) affix to an Environmental Compliance Officer’s vehicle a light or lights
which beam on an interrupted blue flickering light in any direction, and
may make use of a stop sign at will.

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(2) An Honorary Environmental Compliance Officer has the powers, functions and
duties conferred upon, assigned to or imposed on an Environmental Compliance Officer in terms
of subsection (1), excluding those referred to in paragraphs (b),(c),(m), and (n).