(b) a description of the environmental standards set or applied; and
(c) a description of the policies, plans and programmes that are designed to give effect to
the plan; and
(d) the degree of compliance required of other persons; and
(e) arrangements for co-operation with other persons on environmental management; and
(f) a description of the manner in which the specified authority will ensure that its
functions are exercised in a way that will ensure compliance with this Act, other
relevant enactments, and environmental standards so as to achieve the management
and protection of the environment.
(4) The procedure and other matters relating to the making, development and
implementation of management plans shall be as prescribed.
PART XI
ENVIRONMENTAL IMPACT ASSESSMENT, AUDIT AND MONITORING OF PROJECTS
97 Projects for which environmental impact assessment required
(1) The projects listed in the First Schedule are projects which must not be implemented
unless in each case, subject to this Part⎯
(a) the Director-General has issued a certificate in respect of the project in terms of
section one hundred, following the submission of an environmental impact assessment
report in terms of section ninety-nine; and
(b) the certificate remains valid; and
(c) any conditions imposed by the Director-General in regard to the issue of the certificate
are complied with.
(2) Subject to subsection (4) any person who knowingly implements a project in
contravention of subsection (1) shall be guilty of an offence and liable to a fine not exceeding
ten million dollars or to imprisonment for a period not exceeding five years or to both such fine
and such imprisonment.
(3) The Agency may serve an order in terms of subparagraph (xiii) of subsection (1) of
section ten on a person who knowingly implements a project in contravention of subsection (1)
ordering that person—
(a) to mitigate the effects of any adverse environmental impact in the manner specified in
the order;
(b) where in the opinion of the Agency, it is not possible to mitigate any adverse
environmental impact, ordering that person to destroy any works undertaken in
connection with the projects.
(4) Before serving an order in terms of subsection (3), the Agency shall notify the person,
in writing of the nature of the adverse environmental impact of the project and shall give the
person an adequate opportunity to make representations in the matter.
(5) A licensing authority shall not issue a licence under any enactment with respect to a
project referred to in subsection (1) unless the Director-General has issued a certificate in
respect of the project in terms of section one hundred or the project has been deemed to have
been approved in terms of subsection (1) of section one hundred.
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