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USER GUIDE
STEP 6: OBTAIN STAQ PRICES FOR PARTICULAR SECTIONS OF LEGISLATION
DEMO: Your sixth step in deciding whether your company is in transgression of legislation, is to decide on a quick, easy, cost-effective, reliable and valid method to test whether it is in transgression. We recommend our STAQ products for this.
Our demonstration scenario is that you wish to find out whether your company, as an owner of land that a previous owner polluted, is in transgression of legislation for not cleaning up those pollutants on that land. 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 relevant piece of legislation, s28 of that Act as the most relevant section, and you have identified your company (hypothetically) as the potential transgressor “owner of land, successor in title to”.
Take the sixth step above by deciding which method to use to test whether your company is in transgression of the relevant section of the legislation. Obviously, the quickest, easiest, most cost-effective, reliable and valid method would be best. A number of methods are available to you. You could simply read s28 of the Act and decide whether your company is in transgression. However, although this method is quick and easy it may not be reliable and valid because legal language requires such special competencies which you may not have. You could refer the question to a lawyer or other expert consultant. However, although the reliability and validity of this method should be good, the costs are really substantial and may be prohibitive.
Our STAQ products are designed as a method that will assist you to quickly, easily, cost-effectively, reliably and validly determine whether there has been a transgression of legislation. They can be used by you easily and independently online, and should provide you with all the assistance you need to reliably and validly determine transgressions of legislation, and the exact factual cause of these transgressions. STAQs are available for every section of every piece of South African environmental legislation, and our prices are very competitive. The STAQs for Act No. 107 of 1998 are listed below for your interest. (Note that where no price is available for a particular section, it usually means that that section is not relevant to the potential transgressor to whom the price list relates.)
For the purpose of going through this User Guide, we assume that you are interested to know more about our STAQ products, and wish to do a free STAQ to see what they are all about so that you can advise your company whether or not to use this method to determine whether it is in transgression of s28 of Act No. 107 of 1998.
Therefore click STEP7 above to go to the next step in this User Guide for instructions on how to access a free sample test STAQ. |
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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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SECTION NO. |
SECTION TITLE |
STAQ PRICE R/c (Exc. VAT) |
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LONG TITLE |
- |
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PREAMBLE |
- |
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ARRANGEMENT OF SECTIONS |
- |
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1 |
Definitions |
- |
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CHAPTER 1. NATIONAL ENVIRONMENTAL MANAGEMENT PRINCIPLES |
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2 |
Principles |
- |
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CHAPTER 2. INSTITUTIONS |
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Part 1: National Environmental Advisory Forum |
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3 |
Establishment, objects and functions of National Environmental Advisory Forum |
R300.00 |
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4 |
Composition |
R230.00 |
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5 |
Conditions of appointment to Forum |
R330.00 |
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6 |
Functioning of Forum |
R170.00 |
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Part 2: Committee for Environmental Coordination |
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7 |
Establishment, objects and functions of Committee |
R500.00 |
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8 |
Composition of Committee |
- |
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9 |
Meetings of Committee, subcommittees and working groups |
- |
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10 |
Report of Committee |
- |
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CHAPTER 3. PROCEDURES FOR COOPERATIVE GOVERNANCE |
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11 |
Environmental implementation plans and management plans |
- |
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12 |
Purpose and objects of environmental implementation plans and environmental management plans |
- |
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13 |
Content of environmental implementation plans |
- |
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14 |
Content of environmental management plans |
- |
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15 |
Submission, scrutiny and adoption of environmental implementation plans and environmental management plans |
- |
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16 |
Compliance with environmental implementation plans and environmental management plans |
- |
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CHAPTER 4. FAIR DECISIONMAKING AND CONFLICT MANAGEMENT |
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17 |
Reference to conciliation |
R400.00 |
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18 |
Conciliation |
R220.00 |
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19 |
Arbitration |
R630.00 |
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20 |
Investigation |
- |
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21 |
Appointment of panel and remuneration |
- |
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22 |
Relevant considerations, report and designated officer |
- |
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CHAPTER 5. INTEGRATED ENVIRONMENTAL MANAGEMENT |
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23 |
General objectives |
- |
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24 |
Implementation |
R2,320.00 |
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24A |
Procedure for listing activity or area |
(pending) |
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24B |
Procedure for delisting of activities or areas |
(pending) |
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24C |
Procedure or identifying the competent authority |
(pending) |
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24D |
Publication of list |
(pending) |
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24E |
Minimum conditions attached to environmental authorisations |
(pending) |
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24F |
Offences relating to commencement or continuation of listed activities |
(pending) |
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24G |
Rectification of unlawful commencement or continuation or listed activity |
(pending) |
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24H |
Registration authorities |
(pending) |
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24I |
Appointment of external specialist to review assessment |
(pending) |
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CHAPTER 6. INTERNATIONAL OBLIGATIONS AND AGREEMENTS |
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25 |
Incorporation of international environmental instruments |
R150.00 |
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26 |
Reports |
- |
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27 |
Application |
- |
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CHAPTER 7. COMPLIANCE AND ENFORCEMENT |
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Part 1: Environmental hazards |
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28 |
Duty of care and remediation of environmental damage |
R3,110.00 |
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29 |
Protection of workers refusing to do environmentally hazardous work |
R1,440.00 |
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30 |
Control of emergency incidents |
R3,260.00 |
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31 |
Access to environmental information and protection of whistleblowers |
- |
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Part 2: Information, enforcement and compliance |
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31A |
Application and enforcement of Act and specific environmental management Acts and applications |
(pending) |
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31B |
Designation of environmental management inspectors by Minister |
(pending) |
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31C |
Designation of environmental management inspectors by MEC |
(pending) |
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31D |
Mandates |
(pending) |
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31E |
Prescribed standards |
(pending) |
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31F |
Proof of designation |
(pending) |
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31G |
Functions of inspectors |
(pending) |
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31H |
General powers |
(pending) |
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31I |
Seizure of items |
(pending) |
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31J |
Powers to stop, enter and search vehicles, vessels and aircraft |
(pending) |
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31K |
Routine inspections |
(pending) |
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31L |
Power to issue compliance notices |
(pending) |
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31M |
Objections to compliance notice |
(pending) |
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31N |
Failure to comply with compliance notice |
(pending) |
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31O |
Powers of South African Police Service members |
(pending) |
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31P |
Duty to produce documents |
(pending) |
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31Q |
Confidentiality |
(pending) |
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32 |
Legal standing to enforce environmental laws |
- |
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33 |
Private prosecution |
- |
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34 |
Criminal proceedings |
R240.00 |
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34A |
Offences relating to environmental management inspectors |
(pending) |
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34B |
Award of part of fine recovered to informant |
(pending) |
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34C |
Cancellation of permits |
(pending) |
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34D |
Forfeiture of items |
(pending) |
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34E |
Treatment of seized live specimens |
(pending) |
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34F |
Security for release of vehicles, vessels or aircraft |
(pending) |
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34G |
Admission of guilt fines |
(pending) |
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CHAPTER 8. ENVIRONMENTAL MANAGEMENT COOPERATION AGREEMENTS |
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35 |
Conclusion of agreements |
R1,250.00 |
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CHAPTER 9. ADMINISTRATION OF ACT |
- |
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36 |
Expropriation |
R110.00 |
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37 |
Reservation |
R2,780.00 |
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38 |
Intervention in litigation |
- |
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39 |
Agreements |
- |
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40 |
Appointment of employees on contract |
- |
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41 |
Assignment of powers |
- |
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42 |
Delegation |
- |
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42A |
Delegation of powers by MEC |
(pending) |
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43 |
Appeal to Minister |
R370.00 |
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44 |
Regulations in general |
R380.00 |
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45 |
Regulations for management cooperation agreements |
R150.00 |
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46 |
Model environmental management bylaws |
- |
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47 |
Procedure for making regulations |
R260.00 |
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47A |
Regulations, legal documents and steps valid under certain circumstances |
(pending) |
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47B |
Consultation |
(pending) |
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47C |
Extension of time periods |
(pending) |
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47D |
Delivery of document |
(pending) |
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CHAPTER 10. GENERAL AND TRANSITIONAL PROVISIONS |
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48 |
State bound |
R100.00 |
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49 |
Limitation of liability |
- |
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50 |
Repeal of laws |
R140.00 |
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51 |
Savings |
R160.00 |
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52 |
Short title |
- |
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53 |
Commencement |
- |
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SCHEDULES |
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Sch.1 |
In respect of s11(1) |
- |
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Sch. 2 |
In respect of s11(2) |
- |
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Sch. 3 |
In respect of s34 |
- |
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TOTAL |
R19,000.00 |