ecological, archaeological or historical features of the land, and the
establishment or relocation of waste disposal sites;
(ii) stop, prevent or modify any action or conduct which causes or contributes or is
likely to cause or contribute to pollution;
(iii) pay such compensation as may be specified in the order to any person whose
land is degraded by the action or conduct of the person against whom the order
is made.
(4) An order in terms of subsection (1) or (2) shall specify—
(a) the activity considered by the Minister to be detrimental to the protection and
management of the environment; and
(b) the particulars of the person against whom it is made; and
(c) the period within which anything required to be done by the person against whom it is
made shall be done; and
(d) the penalties which may be imposed for non-compliance with the order.
(5) If—
(a) the whereabouts of an owner, occupier or user of land upon whom an order in terms of
subsection (1) or (2) is to be served cannot be ascertained after diligent inquiry; or
(b) an attempt has been made to serve an order in terms of subsection (1) or (2) on the
owner, occupier or user of land by registered post but the order has been returned
undelivered;
the order may be published in the Gazette and in a newspaper circulating in the area in which
the land affected by the order is situated, and the order shall thereafter be deemed to have been
served on the owner of the land.
(6) The Minister shall not issue an order in terms of subsection (1) or (2) unless, after—
(a) an inspection of the land concerned; or
(b) consideration of any information or advice supplied by an inspector or an environment
committee or by any other person considered by the Minister to be competent to advise
in the matter;
the Minister considers that in all the circumstances the order is necessary for the protection of or
prevention of injury to the environment.
(7) No order shall be issued in terms of subsection (1) or (2)—
(a) which, in the Minister’s opinion, will directly affect a local authority unless that
authority has been consulted; or
(b) which will require an owner, occupier or user of land to construct any works, unless
the condition sought to be ameliorated by the order was brought about or contributed
to by an act or omission of that owner, occupier or user; or
(c) if the order requires a person to breach or demolish any water works as defined in the
Water Act [Chapter 20:24], unless the Minister as defined in that Act has consented to
the order; or
(d) in regard to any matter which, in the Minister’s opinion, will directly affect the
working of a mining location as defined in section 5 of the Mines and Minerals Act
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