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Compliance Experts How to Respond to a Section …

Compliance Experts How to Respond to a Section 31 L Pre- Compliance Letter Once you have received a Section 31L pre- Compliance notification you have 7-10 days to Respond and then you have a limited time to implement the commitments which you have made. What the Law Says about S31L It is not possible to turn you into an S31L expert in 1 day but there is some useful reading online to help you: The Compliance notice; The power to issue a Compliance notice; Example of Department dealing with S31L A Plan of Works response to the Department What does a pre- Compliance notice look like? You have received one and it looks intimidating. The content of the pre- Compliance notice is prescribed by the regulations so they all have the same style. The activities where the EMI believes you have transgressed will of course differ.

Compliance Experts business open. The risk, if you get the wrong advice you could be facing a prolonged legal challenge. 4. A Compliance Company like

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Transcription of Compliance Experts How to Respond to a Section …

1 Compliance Experts How to Respond to a Section 31 L Pre- Compliance Letter Once you have received a Section 31L pre- Compliance notification you have 7-10 days to Respond and then you have a limited time to implement the commitments which you have made. What the Law Says about S31L It is not possible to turn you into an S31L expert in 1 day but there is some useful reading online to help you: The Compliance notice; The power to issue a Compliance notice; Example of Department dealing with S31L A Plan of Works response to the Department What does a pre- Compliance notice look like? You have received one and it looks intimidating. The content of the pre- Compliance notice is prescribed by the regulations so they all have the same style. The activities where the EMI believes you have transgressed will of course differ.

2 Follow the links above to see what they look like or click here to see the format the regulation requires and click here to see an online example of an issued S31L. Sources of S31L Help There are 4 sources of assistance that is common to this. Most recipients of a S31L Pre- Compliance letter can deal with it through one of four ways: Yourself Your Industry Association An Attorney A Compliance Consultancy 1. Yourself Many people elect to deal with it themselves and the law allows you to present your own case. All the information that makes up the response is within your possession and control or see those links we provide. You may struggle to put it together but basically you know your business best. The risk is that you accidentally implicate yourself. 2. Your Industry Association Many businesses belong to an Industry Association.

3 The Industry Association has a range of members who are at various levels of Compliance and they typically can refer you to another company which has had a similar S31L problem like yours; or they can direct you to an attorney or consultant whom they know can offer some support. Industry Associations are not equipped to deal with every S31L eventuality. 3. An Attorney Compliance is dealt with through Administrative Law and Criminal Law mechanisms. Different attorneys have their areas of expertise and would advise to their strength. We have seen attorneys used to seek clarification, seek extensions, to explain the S 31L Compliance to you, to identify additional attorneys or advocates; and even plan a legal challenge; interdicts and urgent interdicts are often discussed but time is not in your favour and courts would look for extraordinary circumstances to suspend the decision.

4 Attorneys may advise you on how to keep your Compliance Experts business open. The risk, if you get the wrong advice you could be facing a prolonged legal challenge. 4. A Compliance Company like EcoPartners A Compliance company like EcoPartners is different in the following way. We start by advising you and guide you to deal with the pre- Compliance notice. We work with you because ultimately it is your business and you need to restore your relationship with the Department. You need to be able to prove to the Department that you take the legal requirements of environmental matters serious and that you will do what it takes to: a. Stop what you are doing wrong b. Prevent future damage c. Implement a plan that will keep you on track EcoPartners will start with arranging an experienced person dedicated to address your S31L notification.

5 We also have a team in place to conduct the required activities required by the Department and EMI that issued the Compliance note. So what should I do to get your help? You have 7-10 days to Respond of which two are weekend days. Essentially you have 5-8 working days so time is of the essence. Be available and Respond quickly. Email or fax us the S31 Pre- Compliance letter. Wait 30 minutes then call. We will appoint a Compliance officer to review your notice and while on the phone we arrange the visit, likely to be the next morning. Have yourself and your senior officers available for the site visit and Compliance meeting. Ensure you have the evidence referred to in the letter available and all the paperwork that you believe shows that you have been doing the right thing.

6 We complete the initial response letter and send you the draft to review. The next day you need to implement the corrective measures in your commitment and EcoPartners guides you through that. _____ About EcoPartners Operating from Johannesburg we have clients in all the big centers Jhb, Pta, Cpt, Dbn, PE and EL. We are scientists, environmental practitioners and not lawyers. We have a good understanding of the law and the science required to get you in the right place with the law and the environment. Our team of Compliance Experts has experience in a wide range of industries including construction, mining, oil, recycling, general and hazardous waste, manufacturing and industrial processing. We manage, train and audit Compliance for public companies, listed companies, small enterprises and some international companies operating in SA; and as important as yours.

7 We can refer you to a client in your industry and you can talk to them and then decide. T: 0114312251 F: 086 539 6127 M.


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