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USER GUIDE
STEP 5: LIST ALL SECTIONS THE POTENTIAL TRANSGRESSOR MAY TRANSGRESS
DEMO: Your fifth step in deciding whether your company is in transgression of legislation, is to find out which other sections of the relevant legislation your company, as a potential transgressor of that legislation, may be in transgression of.
Our demonstration scenario is that you wish to find out whether your company, as an owner of land which was polluted by a previous owner, is in transgression of legislation for not cleaning up those pollutants on that land, and that you have identified the subject category “environment” as most relevant, the National Environmental Management Act, No. 107 of 1998 as the title in that category of most interest and possible relevance to this scenario, s28 of that Act as the section that seems most relevant, and “owner of land, successor in title to” as the most relevant potential transgressor of that section
Take the fifth step above by finding out which other sections of the piece of legislation relate to your company as that potential transgressor. This is easily done, as this website lists all sections which relate to a particular potential transgressor. Below is a partial list of potential transgressors of Act No. 107 of 1998, and the sections which mention these potential transgressors. You will see that the potential transgressor “owner of land, successors in title to” is only relevant to s28 of the National Environmental Management Act, No. 107 of 1998.
For the purpose of going through this User Guide, we have decided that this means that no section other than s28 of Act No. 107 of 1998 is relevant to your company as that hypothetical “owner of land, successor in title to”.
Therefore, please click STEP6 above to go to the next step of this User Guide. |
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Compliance and Transgression Products and Services, and Legislation Engrossing and General Consultancy |
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To contact us: |
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Tel. +27 11 486 2978 Em@il—see Contacts Page |
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Products and Services |
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B |
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National Environmental Management Act, No. 107 of 1998 (as amended on 11 September 2005 by Act No. 39 of 2005 |
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POTENTIAL TRANSGRESSOR |
SECTIONS THAT REFER TO THAT POTENTIAL TRANSGRESSOR |
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organ of state, competent authority as |
s1, s24, s24C, s24D, s24F, s24G, s24I, s34C |
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organ of state, competent authority as - specialist of |
s24 |
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organ of state, national departments listed in Sch 1 and 2 as |
s11 |
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organ of state, person in the service of |
s34B |
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organ of state, provinces as |
s11 |
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organ of state, provincial |
s42A |
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organ of state, representative on Committee for Environmental Co-ordination |
s7 |
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organ of state, staff of - designation as environmental management inspector |
s31B |
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organisations, community-based |
s4 |
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organisations, nominator of member of National Environmental Advisory Forum (see "National Environmental Advisory Forum, member of - organisation or person who nominated the member") |
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organisations, non-governmental ("NGOs") |
s4 |
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others |
s4 |
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owner of land or premises |
s28 |
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owner of land |
s44 |
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owner of land, class of |
s44 |
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owner of land, successor in title to |
s28 |
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owner of property |
s24E, s36 |
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owner of vessel, vehicle or aircraft |
s34F |
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(Table incomplete because it is only being used for User Guide Demonstration purposes)) |