USER GUIDE

 

 

 

 

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FAQ

 

 

STEP 4: LIST AND CHECK POTENTIAL TRANSGRESSORS OF RELEVANT SECTIONS

 

DEMO: Your fourth step in deciding whether your company is in transgression of legislation, is to confirm whether the company can be defined as a potential transgressor of the section of the legislation which you think is relevant to it. 

 

Our demonstration scenario is that you wish to find out whether your company, as an owner of land which a previous owner polluted, is in transgression of legislation for not cleaning up the 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, and s28 of that Act as the section that seems most relevant.

 

Take the fourth step above by finding out whether your company can be defined as a potential transgressor of that section.  This is easily done as this website lists potential transgressors for each section of each piece of South African environmental legislation. The list of potential transgressors of s28 of the National Environmental Management Act, No. 107 of 1998 is given, in part, below. Read through the potential transgressors listed, to check if any of them match your company as that hypothetical new land owner who bought polluted land. You will see that “Owner of land or premises” and “Owner of land, successor in title to” are, amongst others, listed as potential transgressors of s28.  This should confirm that your company, as the hypothetical owner of land, who is successor in title to a previous owner of land, can be classified as a potential transgressor of s28 of Act No. 107 of 1998 .  (Note that if a “potential transgressor” you are interested in is not listed in a section which you think is relevant, you may need to seek some advice as to its relevance.)

 

For the purpose of progressing through this User Guide, we have decided that the most likely relevant potential transgressor listed for this Act is “Owner of land, successor in title to”.

 

Therefore, please click “Owner of land, successor in title to” on the list below, to go to STEP5 of this User Guide.

Compliance and Transgression Products and Services, and Legislation Engrossing and General Consultancy

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Tel. +27 11 486 2978

Em@il—see Contacts Page

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