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28.10.05

GreenNews - South Africa - Improved Environmental Law Enforcement

The Era of the Environmental Law Bounty-Hunter?
South Africa -mondaq.com, by Mr Tim De Wet -20 Oct 2005: -- South Africa is about to experience vastly improved environmental law enforcement as a result of changes to the National Environmental Management Act ("NEMA") which come into effect from 1 May 2005... Chief amongst these is the creation of Environmental Management Inspectors: (including the so-called "Green Scorpions" who are intended to investigate more serious environmental crimes) persons specially mandated and trained to investigate and enforce contraventions of specific environmental laws... In addition to the right to stop, enter and search vehicles, vessels and the like, the Inspector may conduct routine inspections, without a search warrant, of non-residential premises for the purpose of ascertaining compliance with relevant environmental legislation. The Inspector may, (with a warrant, or without a warrant, in special circumstances) do the same in respect of any residential premises, and may seize anything that can be used as evidence in a prosecution of the anticipated offence and also issue notices to answer questions as referred to above...

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