“noxious or offensive gas” means the gases, fumes, dust, odours and smokes specified in
Part IV of the Fifth Schedule;
“occupier”, in relation to land or premises, means any person lawfully occupying or
controlling the land or premises;
“officer” means an officer appointed in terms of section thirty-five;
“owner”, in relation to land or premises, means⎯
(a) the person registered in the Deeds Registry as the owner of the land or premises;
or
(b) in the case of State land, other than⎯
(i) communal land; or;
(ii) forest land; or
(iii) land referred to in paragraph (e);
the Minister responsible for the management or administration of the land; or
(c) in the case of communal land, the Minister responsible for the administration of
the Communal Land Act [Chapter 20:04]; or
(d) in the case of forest land, the Forestry Commission; or
(e) any person who lawfully holds or occupies land, including State land, in
accordance with an agreement or enactment under which he is entitled to obtain
title to the land on the fulfilment of conditions prescribed in the agreement or
enactment;
and includes⎯
(i) the legal representative of an owner referred to in paragraph (a) or (e); and
(ii) the liquidator of a company which is an owner referred to in paragraph (a) or
(e) and which is in liquidation;
“pollutant” means a substance which, when released from any process, is capable of
causing pollution;
“pollution” means any direct or indirect alteration of the physical, thermal, chemical,
biological or radioactive properties of the environment caused by the discharge,
emission or deposit of a substance into the environment in such quantity and for such
duration and under such conditions as to cause an actual or potential danger to the
environment or to human health;
“premises” means any building or structure, including the land on which such building or
structure is situated;
“project” means an activity which has or is likely to have an impact on the environment
and which is specified in the First Schedule;
“responsible Minister”, in relation to environmental matters, means any Minister or VicePresident who, in terms of any enactment, is empowered or required to exercise any
function in respect of the environment;
“sustainable utilisation” means the use or exploitation of the environment which guards
against the extinction, depletion or degradation of any natural resource and permits the
replenishment of natural resources by natural means or otherwise;
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