The Environmental Audit, Assessment and Review Regulations, 2000

PART F: GENERAL MATTERS

Appeals

19. (1) Any natural person residing in Swaziland or legal person carrying on business in Swaziland or established under the laws of Swaziland, who -
(a) has an interest in a decision of the Authority;
(b) is aggrieved by its decision; and
(c) has paid the appeal fee prescribed in the Third Schedule, may lodge an appeal in writing to the Minister in the prescribed form within the time specified under section 17 of the Act.

(2) In determining an appeal, the Minister may, if necessitated by the technical nature of the issues involved, seek an expert opinion for the Minister's consideration.

(3) In deciding appeals the Minister shall take into account the objectives of the Swaziland Environment Authority Act and may also take into consideration relevant environment policies, guidelines and practice of the Authority.

(4) An appellant shall be responsible for charges, costs and any other expenses reasonably incurred by the Authority incidental to the appeal including charges for expert opinions.

(5) The decision of the Minister shall be in writing, shall set out the reasons for the decision and shall be final.

Offences

20. (1) Any person who -
(a) fails to comply with a written notice from the Authority requiring that person to comply with a condition imposed in an environmental compliance certificate within the period stipulated in the notice;
(b) fails to comply with an instruction by the Authority under section 5(4)(a)(iii) of the Act to stop the operation, works or project;
(c) continues to implement a project or conduct an undertaking, either after the environmental compliance certificate in respect of that project or undertaking has been cancelled, or while it is suspended, commits an offence and is liable on conviction to a fine or to a term of imprisonment or to both such fine or term of imprisonment not exceeding the maximum permissible under the Act.

(2) Where a person fails to comply with a written notice from the Authority requiring that person to comply with a condition imposed in an environmental compliance certificate within the period stipulated in the notice, the Authority may serve an enforcement notice on that person requiring that person to admit the commission of the offence in writing and to pay to the Authority within 30 days of the date of the enforcement notice, a penalty fee stipulated in the enforcement notice which shall not exceed five thousand Emalangeni, failing which that person may be prosecuted under sub-regulation (1)(a).

(3) A person who pays a penalty fee in accordance with an enforcement notice under sub-regulation (2) shall not be prosecuted for the offence specified in the enforcement notice.

Powers of the Court

21. On convicting any person for a contravention of these regulations, in addition to any penalty imposed, the court may order -
(a) the person convicted to pay the costs of, and incidental to, any measurement, testing, analysis or other matter or procedure undertaken by or on behalf of the prosecution towards the investigation of the offence and the giving of evidence (including expert witness fees) and may make whatever order concerning those costs as the court considers just;
(b) the person convicted to compensate any person (including the Authority) who has or is likely to, suffer loss or damage caused by the offence including any expenses reasonably incurred in attempting to mitigate or repair environmental damage caused by the offence; and
(c) the cancellation of an environmental compliance certificate; or
(d) the suspension of an environmental compliance certificate subject to whatever terms and conditions the court considers appropriate to give effect to the objectives of the Act and these regulations.

Repeals

22. The Environmental Audit, Assessment and Review Regulations, 1996 are revoked.

Transitional Provisions

23. (1) Any application made, EA, IEE, or EIA conducted, document submitted, approval given, or environmental compliance certificate issued, under the Environmental Audit, Assessment and Review Regulations, 1996, shall be deemed to have made, conducted, submitted, given, or issued under these Regulations.

(2) Notwithstanding sub-regulation (1), any person who made an application or submitted documents to the Authority for approval prior to the commencement of these Regulations shall be exempted from paying any fees which would have been payable had the application been made or the documents been submitted after the commencement of these Regulations.