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Environmental Health Services Act (No. 4 of 1987)

The act intends to promote the conservation and maintenance of the environment in the interest of health, for proper sanitation in matters of food and drinks and generally, for the provision and control of services, activities and other matters connected therewith or incidental thereto.

Active transparency (Section 5c)

The Department shall gather, collate, analyse, publish and disseminate information.

Liability and proof of environmental harm (Sections 7 and 19)

Any person who, otherwise than in accordance with this Act and the regulations, deposits in, adds to, emits or discharges into the environment any contaminant or pollutant or who permits the deposit, emission or discharge into the environment of any contaminant or pollutant from any source is guilty of an offence.

Right to appeal (Sections 17 (2)g and 27 )

The regulations for giving effect to and carrying out the purpose, intention and provisions of this Act may provide for appeals to a court against any act or decision of any person performed or made under this Act or the regulations.

Where this Act or any regulations made thereunder provides for an appeal to a magistrate’s court against a refusal or other decision, such appeal shall be by complaint. The time within an appeal may be brought shall be twenty-one days from the date on which notice of the decision concerned was given to the person desiring to appeal and for the purposes of this subsection the application for the complaint shall be deemed to be the bringing of the appeal. In any case where an appeal under this section lies, the document notifying the person concerned of the decision of the authority in the matter shall state the right of appeal to a magistrate’s court and the time within which the appeal may be brought.