Common use of Environmental Compliance and Compliance with Laws, Regulations and Standards Clause in Contracts

Environmental Compliance and Compliance with Laws, Regulations and Standards. 3.2.1 During the Project Term, the Private Party shall, and shall take all reasonable steps to ensure that its officers, employees, Contractors, sub- contractors at all levels, sub-agents, assignees, customers, invitees and patrons adhere to, abide by and comply with the Regulatory Provisions, all applicable health and safety standards, the Environmental Guidelines generally in respect of the Knysna National Lake Area and the Park as set out in Annexure V and specifically in respect of the SANParks Thesens Island Restaurant and Project Site, the EIA and any valid and enforceable directives or rules issued by the Park Manager or Head Ranger from time to time. To be valid and enforceable in terms of this PPP Agreement, directives or rules issued by the Park Manager or Head Ranger must not conflict with the letter or the spirit of the Regulatory Provisions, or the Environmental Guidelines set in Annexure V, or the Park Management plan, or the provisions of the EIA. In those instances where the Private Party believes that either the Head Ranger or the Park Manager has issued a directive or rule that is either not valid, or that impacts materially on the commercial soundness of the Project, the Private Party shall have the right of appeal within SANParks to the PPP Management Office, established by SANParks to regulate and administer this PPP and others like it in Protected Areas. The PPP Management Office will verify whether the directive or rule in question was valid, and consistent with practice elsewhere in protected areas. Pending the results of such an appeal, the Private Party shall abide by the said directive or rule. This internal process of appeal does not prejudice the rights of the Private Party to pursue its rights pursuant to Clause 19. 3.2.2 SANParks shall use all reasonable endeavours in assisting the Private Party to acquire the appropriate environmental permits, provided, however that SANParks shall bear no liability for any failure of the Private Party to obtain such permits. 3.2.3 Subject to Clause 3.2.1, the Private Party shall obtain all necessary environmental and other permits, approvals and/or licences in accordance with the Regulatory Provisions and shall comply with all conditions of any environmental or other permit, approval or licence granted by any Relevant Authority and shall take all other necessary action required under the Regulatory Provisions for the implementation and the operation, management and maintenance of the Project for the Project Term. 3.2.4 Action which is prohibited in terms of the Regulatory Provisions, or non- compliance with any duty or obligation which is imposed by the Regulatory Provisions, shall be deemed to be a breach of this PPP Agreement. SANParks shall be entitled to give the Private Party notice to rectify any such breach, if such breach is capable of rectification, but in any event, SANParks shall be entitled to act on any such breach to protect its rights and interests. The Private Party shall and hereby does indemnify SANParks for any costs, losses and expenses suffered or incurred by SANParks as a result of SANParks so acting to protect its rights and interests. 3.2.5 Based on the ROD already issued no further EIA is required for the Project. Should it for any reason, however, turn out that a further EIA is required, the Private Party shall undertake same in respect of the Project, to be prepared by an independent environmental consultant in accordance with applicable Regulatory Provisions and guideline documents published by the DEAT and in accordance with the principles of IEM adopted from time to time by DEAT and the provisions of the Environmental Guidelines. 3.2.6 The Private Party shall bear all risks and costs with respect to Material Damage to the natural environment caused by the implementation of the Project during the Project Term arising from any act or omission of the Private Party or any person with whom it has contracted to fulfil any of its obligations in terms of this PPP Agreement, save where such Material Damage is an unavoidable result of the Project as permitted in terms of this PPP Agreement. Should the Private Party fail to fulfil any obligations in respect of the fitting, installation, equipping, commissioning, construction, operation, management and/or maintenance of the SANParks Thesens Island Restaurant and Project Site or permit behaviour which, in the reasonable opinion of SANParks, may result in Material Damage to the environment, then, without derogating from the Private Party’s obligations hereunder and at law, SANParks shall be entitled to give written notice to the Private Party to immediately cease and desist from such conduct or behaviour, and in such notice shall set out in full its reasons therefore and SANParks shall be entitled forthwith to exercise any authority granted to it in terms of the Regulatory Provisions in respect of the Conservation Management of the SANParks Thesens Island Restaurant and Project Site and the Private Party shall promptly make payment to SANParks for its costs, expenses and other damages suffered or incurred or reasonably expected to be suffered to incurred in connection with the execution of such authority. 3.2.7 The Private Party shall deliver those reports as detailed in Clauses 15.4, 15.5, 15.6, 15.7, 15.8 and 15.

Environmental Compliance and Compliance with Laws, Regulations and Standards. 3.2.1 During the Development Period and the Project Term, the Private Party shall, and shall take all reasonable steps to ensure that its officers, employees, Contractors, sub- sub-contractors at all levels, sub-agents, assignees, customersguests, invitees and patrons adhere to, abide by and comply with the Regulatory Provisions, all applicable health and safety standards, the SANParks Requirements, the KNP Sustainable Design Principles and Guidelines, the Environmental Guidelines generally in respect of the Knysna Kruger National Lake Area and the Park as set out in Annexure V IV – Environmental Guidelines for Private Parties for the Construction and Operation of PPP Facilities within the Kruger National Park and specifically in respect of the SANParks Thesens Island Restaurant Malelane Hotel Development and Project Site, the EIA and any valid and enforceable directives or rules issued by the Park Manager or Head Ranger from time to time. To be valid and enforceable in terms of this PPP Agreement, directives or rules issued by the Park Manager or Head Ranger must not conflict with the letter or the spirit of the Regulatory Provisions, or the Environmental Guidelines set in Annexure VIV – Environmental Guidelines for Private Parties for the Construction and Operation of PPP Facilities within the Kruger National Park, or the Park Management plan, or plan and the provisions of the EIA. In those instances where the Private Party believes that either the Head Ranger or the Park Manager has issued a directive or rule that is either not valid, or that impacts materially on the commercial soundness of the Project, the Private Party shall have the right of appeal within SANParks to the PPP Management Office, established by SANParks to regulate and administer this PPP and others like it in Protected Areasprotected areas. The PPP Management Office will verify whether the directive or rule in question was valid, and consistent with practice elsewhere in protected areasnational parks. Pending the results of such an appeal, the Private Party shall abide by the said directive or rule. This internal process of appeal does not prejudice the rights of the Private Party to pursue its rights pursuant to Clause 19. 3.2.2 SANParks shall use all reasonable endeavours in assisting the Private Party to acquire the appropriate environmental permits, provided, however that SANParks shall bear no liability for any failure of the Private Party to obtain such permits. 3.2.3 Subject to Clause 3.2.1, the Private Party shall obtain all necessary environmental and other permits, approvals and/or licences in accordance with the Regulatory Provisions and shall comply with all conditions of any environmental or other permit, approval or licence granted by any Relevant Authority and shall take all other necessary action required under the Regulatory Provisions for the implementation and the operation, management and maintenance of the Project for the Development Period and Project Term. 3.2.4 Action which is prohibited in terms of the Regulatory Provisions, or non- compliance with any duty or obligation which is imposed by the Regulatory Provisions, shall be deemed to be a breach of this PPP Agreement. SANParks shall be entitled to give the Private Party notice to rectify any such breach, if such breach is capable of rectification, but in any event, SANParks shall be entitled to act on any such breach to protect its rights and interests. The Private Party shall and hereby does indemnify SANParks for any costs, losses and expenses suffered or incurred by SANParks as a result of SANParks so acting to protect its rights and interests. 3.2.5 Based on the ROD already issued no further EIA is required for the Project. Should it for any reason, however, turn out that a further EIA is required, the The Private Party shall undertake same an EIA in respect of the Project, to be prepared by an independent environmental consultant in accordance with the Environmental Guidelines, the EIA Regulations and other applicable Regulatory Provisions and Provisions, the guideline documents published by the DEAT DEAT/DWEA and in accordance with the IEM principles of IEM adopted from time to time by DEAT DEAT/DWEA. All EIA findings and recommendations, including the provisions detailed EMP that addresses both the Development and Operational Phases, shall form an integral part of the this Agreement and be annexed as part of Annexure VIII – Development and Environmental GuidelinesProposal and EIA Findings and Recommendations. 3.2.6 The Private Party shall bear all risks and costs with respect to Material Damage to the natural environment caused by the implementation of the Project during the Development Period and Project Term arising from any act or omission of the Private Party or any person with whom it has contracted to fulfil any of its obligations in terms of this PPP Agreement, save where such Material Damage is an unavoidable result of the Project as permitted in terms of this PPP Agreement. Should the Private Party fail to fulfil any obligations in respect of the fitting, installation, equipping, commissioning, construction, operation, management and/or maintenance of the SANParks Thesens Island Restaurant Malelane Hotel Development and Project Site or permit behaviour which, in the reasonable opinion of SANParks, may result in Material Damage to the environment, then, without derogating from the Private Party’s obligations hereunder and at law, SANParks shall be entitled to give written notice to the Private Party to immediately cease and desist from such conduct or behaviour, and in such notice shall set out in full its reasons therefore and SANParks shall be entitled forthwith to exercise any authority granted to it in terms of the Regulatory Provisions in respect of the Conservation Management of the SANParks Thesens Island Restaurant Malelane Hotel Development and Project Site and the Private Party shall promptly make payment to SANParks for its costs, expenses and other damages suffered or incurred or reasonably expected to be suffered to incurred in connection with the execution of such authority. 3.2.7 The Private Party shall deliver those reports as detailed in Clauses 15.4, 15.5, 15.6, 15.7, 15.8 and 15.

Environmental Compliance and Compliance with Laws, Regulations and Standards. 3.2.1 During the Development Period and the Project Term, the Private Party shall, and shall take all reasonable steps to ensure that its officers, employees, Contractors, sub- sub-contractors at all levels, sub-agents, assignees, customersguests, invitees and patrons adhere to, abide by and comply with the Regulatory Provisions, all applicable health and safety standards, the Environmental Guidelines generally in respect of the Knysna National Lake Area and the Park as set out in Annexure V and specifically in respect of the SANParks Thesens Island Restaurant Concession Houseboats and Project Site, the EIA EIA, the Basic Assessment, if any, and any valid and enforceable directives or rules issued by the Park Manager or Head Ranger from time to time. To be valid and enforceable in terms of this PPP Agreement, directives or rules issued by the Park Manager or Head Ranger must not conflict with the letter or the spirit of the Regulatory Provisions, or the Environmental Guidelines set in Annexure V, or the Park Management plan, or the provisions of the EIA. In those instances where the Private Party believes that either the Head Ranger or the Park Manager has issued a directive or rule that is either not valid, or that impacts materially on the commercial soundness of the Project, the Private Party shall have the right of appeal within SANParks to the PPP Management Office, established by SANParks to regulate and administer this PPP and others like it in Protected Areas. The PPP Management Office will verify whether the directive or rule in question was valid, and consistent with practice elsewhere in protected areas. Pending the results of such an appeal, the Private Party shall abide by the said directive or rule. This internal process of appeal does not prejudice the rights of the Private Party to pursue its rights pursuant to Clause 19. 3.2.2 SANParks shall use all reasonable endeavours in assisting the Private Party to acquire the appropriate environmental permits, provided, however that SANParks shall bear no liability for any failure of the Private Party to obtain such permits. 3.2.3 Subject to Clause 3.2.1, the Private Party shall obtain all necessary environmental and other permits, approvals and/or licences in accordance with the Regulatory Provisions and shall comply with all conditions of any environmental or other permit, approval or licence granted by any Relevant Authority and shall take all other necessary action required under the Regulatory Provisions for the implementation and the operation, management and maintenance of the Project for the Development Period and Project Term. 3.2.4 Action which is prohibited in terms of the Regulatory Provisions, or non- compliance with any duty or obligation which is imposed by the Regulatory Provisions, shall be deemed to be a breach of this PPP Agreement. SANParks shall be entitled to give the Private Party notice to rectify any such breach, if such breach is capable of rectification, but in any event, SANParks shall be entitled to act on any such breach to protect its rights and interests. The Private Party shall and hereby does indemnify SANParks for any costs, losses and expenses suffered or incurred by SANParks as a result of SANParks so acting to protect its rights and interests. 3.2.5 Based on the ROD already issued no further EIA is required for the Project. , however: 3.2.5.1 Should it for any reason, however, turn out that a further EIA is required, the Private Party shall undertake same in respect of the Project, to be prepared by an independent environmental consultant in accordance with applicable Regulatory Provisions and guideline documents published by the DEAT and in accordance with the principles of IEM adopted from time to time by DEAT and the provisions of the Environmental Guidelines. 3.2.5.2 There is a possibility that in terms of Government Notice R386, as published in Government Gazette No. 28753 dated 21 April 2006, a Basic Assessment will be required. Should it turn out that a Basic Assessment is required the Private Party shall undertake same in respect of the Project, in accordance with applicable Regulatory Provisions and guideline documents published by the DEAT and in accordance with the principles of IEM adopted from time to time by DEAT and the provisions of the Environmental Guidelines. 3.2.6 The Private Party shall bear all risks and costs with respect to Material Damage to the natural environment caused by the implementation of the Project during the Development Period and Project Term arising from any act or omission of the Private Party or any person with whom it has contracted to fulfil any of its obligations in terms of this PPP Agreement, save where such Material Damage is an unavoidable result of the Project as permitted in terms of this PPP Agreement. Should the Private Party fail to fulfil any obligations in respect of the fitting, installation, equipping, commissioning, construction, operation, management and/or maintenance of the SANParks Thesens Island Restaurant Concession Houseboats and Project Site or permit behaviour which, in the reasonable opinion of SANParks, may result in Material Damage to the environment, then, without derogating from the Private Party’s obligations hereunder and at law, SANParks shall be entitled to give written notice to the Private Party to immediately cease and desist from such conduct or behaviour, and in such notice shall set out in full its reasons therefore and SANParks shall be entitled forthwith to exercise any authority granted to it in terms of the Regulatory Provisions in respect of the Conservation Management of pertaining to the SANParks Thesens Island Restaurant Concession Houseboats and the Project Site and the Private Party shall promptly make payment to SANParks for its costs, expenses and other damages suffered or incurred or reasonably expected to be suffered to incurred in connection with the execution of such authority. 3.2.7 The Private Party shall deliver those reports as detailed in Clauses 15.415.3.2, 15.5, 15.6, 15.7, 15.8 and 15.

Environmental Compliance and Compliance with Laws, Regulations and Standards. 3.2.1 During the Development Period and the Project Term, the Private Party shall, and shall take all reasonable steps to ensure that its officers, employees, Contractors, sub- sub-contractors at all levels, sub-agents, assignees, customersguests, invitees and patrons adhere to, abide by and comply with the Regulatory Provisions, all applicable health and safety standards, the Environmental Guidelines generally in respect of the Knysna National Lake Area and the Park as set out in Annexure V and specifically in respect of the SANParks Thesens Island Restaurant Hotel and Project Site, the EIA and any valid and enforceable directives or rules issued by the Park Manager or Head Ranger from time to time. To be valid and enforceable in terms of this PPP Agreement, directives or rules issued by the Park Manager or Head Ranger must not conflict with the letter or the spirit of the Regulatory Provisions, or the Environmental Guidelines set in Annexure V, or the Park Management plan, or the provisions of the EIA. In those instances where the Private Party believes that either the Head Ranger or the Park Manager has issued a directive or rule that is either not valid, or that impacts materially on the commercial soundness of the Project, the Private Party shall have the right of appeal within SANParks to the PPP Management Office, established by SANParks to regulate and administer this PPP and others like it in Protected Areas. The PPP Management Office will verify whether the directive or rule in question was valid, and consistent with practice elsewhere in protected areas. Pending the results of such an appeal, the Private Party shall abide by the said directive or rule. This internal process of appeal does not prejudice the rights of the Private Party to pursue its rights pursuant to Clause 19. 3.2.2 SANParks shall use all reasonable endeavours in assisting the Private Party to acquire the appropriate environmental permits, provided, however that SANParks shall bear no liability for any failure of the Private Party to obtain such permits. 3.2.3 Subject to Clause 3.2.1, the Private Party shall obtain all necessary environmental and other permits, approvals and/or licences in accordance with the Regulatory Provisions and shall comply with all conditions of any environmental or other permit, approval or licence granted by any Relevant Authority and shall take all other necessary action required under the Regulatory Provisions for the implementation and the operation, management and maintenance of the Project for the Development Period and Project Term. 3.2.4 Action which is prohibited in terms of the Regulatory Provisions, or non- compliance with any duty or obligation which is imposed by the Regulatory Provisions, shall be deemed to be a breach of this PPP Agreement. SANParks shall be entitled to give the Private Party notice to rectify any such breach, if such breach is capable of rectification, but in any event, SANParks shall be entitled to act on any such breach to protect its rights and interests. The Private Party shall and hereby does indemnify SANParks for any costs, losses and expenses suffered or incurred by SANParks as a result of SANParks so acting to protect its rights and interests. 3.2.5 Based on the ROD already issued no further EIA is required for the Project. Should it for any reason, however, turn out that a further EIA is required, the Private Party shall undertake same in respect of the Project, to be prepared by an independent environmental consultant in accordance with applicable Regulatory Provisions and guideline documents published by the DEAT and in accordance with the principles of IEM adopted from time to time by DEAT and the provisions of the Environmental Guidelines. 3.2.6 The Private Party shall bear all risks and costs with respect to Material Damage to the natural environment caused by the implementation of the Project during the Development Period and Project Term arising from any act or omission of the Private Party or any person with whom it has contracted to fulfil any of its obligations in terms of this PPP Agreement, save where such Material Damage is an unavoidable result of the Project as permitted in terms of this PPP Agreement. Should the Private Party fail to fulfil any obligations in respect of the fitting, installation, equipping, commissioning, construction, operation, management and/or maintenance of the SANParks Thesens Island Restaurant Hotel and Project Site or permit behaviour which, in the reasonable opinion of SANParks, may result in Material Damage to the environment, then, without derogating from the Private Party’s obligations hereunder and at law, SANParks shall be entitled to give written notice to the Private Party to immediately cease and desist from such conduct or behaviour, and in such notice shall set out in full its reasons therefore and SANParks shall be entitled forthwith to exercise any authority granted to it in terms of the Regulatory Provisions in respect of the Conservation Management of the SANParks Thesens Island Restaurant Hotel and Project Site and the Private Party shall promptly make payment to SANParks for its costs, expenses and other damages suffered or incurred or reasonably expected to be suffered to incurred in connection with the execution of such authority. 3.2.7 The Private Party shall deliver those reports as detailed in Clauses 15.4, 15.5, 15.6, 15.7, 15.8 and 15.

Environmental Compliance and Compliance with Laws, Regulations and Standards. 3.2.1 4.2.1 During the Project Term, Term the Private Party Lessee shall, and shall take all reasonable steps to ensure that its officers, employees, Contractors, sub- sub-contractors at all levels, sub-sub- agents, assignees, customersguests, invitees and patrons adhere to, abide by and comply with the Regulatory Provisions, all applicable health and safety standards, the the Lessor Requirements, the Environmental Guidelines generally in respect of the Knysna National Lake Area and the Park as set out in Annexure V and specifically in respect of the SANParks Thesens Island Restaurant and Project SiteC, the EIA and any valid and enforceable directives or rules issued by the Park Manager or Head Ranger Area Manager from time to time. To be valid and enforceable in terms of this PPP Agreement, directives or rules issued by the Park Manager or Head Ranger Area Manager must not conflict with the letter or the spirit of the Regulatory Provisions, or the Environmental Guidelines set in Annexure VC, or the Park Management plan, or Plan and the provisions of the EIA. In those instances where the Private Party Lessee believes that either the Head Ranger Area Manager or the Park Manager has issued a directive or rule that is either not valid, or that impacts materially on the commercial soundness of the Project, the Private Party Lessee shall have the right of appeal within SANParks to the PPP Management Business Development Unit Office, established by SANParks the Lessor to regulate and administer this PPP Agreement and others like it in Protected Areasnational parks. The PPP Management Business Development Unit Office will verify whether the directive or rule in question was valid, and consistent with practice elsewhere in protected areasnational parks. Pending the results of such an appeal, the Private Party Lessee shall abide by the said directive or rule. This internal process of appeal does not prejudice the rights of the Private Party Lessee to pursue its rights pursuant to Clause 1914. 3.2.2 SANParks 4.2.2 The Lessor shall use all reasonable endeavours in assisting the Private Party Lessee to acquire the appropriate environmental permits, provided, however that SANParks the Lessor shall bear no liability for any failure of the Private Party Lessee to obtain such permits. 3.2.3 4.2.3 Subject to Clause 3.2.14.2.1, the Private Party Lessee shall obtain all necessary environmental and other permits, approvals and/or licences in accordance with the Regulatory Provisions and shall comply with all conditions of any environmental or other permit, approval or licence granted by any Relevant Authority and shall take all other necessary action required under the Regulatory Provisions for the implementation and the operation, management and maintenance of the Project for the Project Term. 3.2.4 4.2.4 Action which is prohibited in terms of the Regulatory Provisions, or non- non-compliance with any duty or obligation which is imposed by the Regulatory Provisions, shall be deemed to be a breach of this PPP Agreement. SANParks The Lessor shall be entitled to give the Private Party Lessee notice to rectify any such breach, if such breach is capable of rectification, but in any event, SANParks the Lessor shall be entitled to act on any such breach to protect its rights and interests. The Private Party Lessee shall and hereby does indemnify SANParks the Lessor for any costs, losses and expenses suffered or incurred by SANParks the Lessor as a result of SANParks the Lessor so acting to protect its rights and interests. 3.2.5 Based on 4.2.5 The Lessee warrants that the ROD already issued no further EIA is required for the Project. Should it for any reason, however, turn out that a further EIA is required, the Private Party shall undertake same undertaken in respect of the ProjectProject complies with the Environmental Guidelines, to be prepared by an independent environmental consultant in accordance with the EIA Regulations and other applicable Regulatory Provisions and Provisions, the guideline documents published by DEA and the DEAT and in accordance with the IEM principles of IEM adopted from time to time by DEAT DEA. All EIA findings and recommendations, including the provisions detailed EMP, form an integral part of the Environmental Guidelines.this Agreement and are annexed as part of Error! Reference source not found.. 3.2.6 4.2.6 The Private Party Lessee shall bear all risks and costs with respect to Material Damage to the natural environment caused by the implementation of the Project during the Project Term arising from any act or omission of the Private Party Lessee or any person with whom it has contracted to fulfil any of its obligations in terms of this PPP Agreement, save where such Material Damage is an unavoidable result of the Project as permitted in terms of this PPP Agreement. Should the Private Party Lessee fail to fulfil any obligations in respect of the fitting, installation, equipping, commissioning, construction, operation, management and/or maintenance of the SANParks Thesens Island Restaurant and Project Site or permit behaviour which, in the reasonable opinion of SANParksthe Lessor, may result in Material Damage to the environmentEnvironment, then, without derogating from the Private PartyLessee’s obligations hereunder and at law, SANParks the Lessor shall be entitled to give written notice to the Private Party Lessee to immediately cease and desist from such conduct or behaviour, and in such notice shall set out in full its reasons therefore and SANParks the Lessor shall be entitled forthwith to exercise any authority granted to it in terms of the Regulatory Provisions in respect of the Conservation Management of the SANParks Thesens Island Restaurant Project and Project Site and the Private Party Lessee shall promptly make payment to SANParks the Lessor for its costs, expenses and other damages suffered or incurred or reasonably expected to be suffered to or incurred in connection with the execution of such authority. 3.2.7 4.2.7 The Private Party Lessee shall deliver those reports promptly bring to the attention of the Lessor any matter which may, 4.2.8 All fossils, coins, articles of value or antiquity, and structures and other remains or things of geological or archaeological interest or burial sites discovered within the Project Site shall (as detailed between the Parties) be the property of the Lessor and the Lessee herewith cedes, transfers and waives in Clauses 15.4favour of the Lessor any and all rights it may have regarding the said matter. The Lessee shall take reasonable precautions to prevent its staff, 15.5Contractors or other Persons from removing or damaging any such article or thing. The Lessee shall, 15.6immediately upon discovery of such article or thing, 15.7advise the Lessor, 15.8 which shall issue instructions for dealing with it. 4.2.9 The Lessee shall be required to minimise and 15mitigate, and to take reasonable steps to procure that its Contractors minimise and mitigate, to the maximum extent possible, the consequences of any such discovery as is referred to in Clause 4.2.8 and shall deal with the discovery in terms of the Environmental Guidelines and the EIA. If need be a revised EIA specific to the discovery can be called for by the Lessor. 4.2.10 The Lessee shall take all reasonable steps in the performance of its obligations hereunder to prevent and limit the occurrence of any environmental health hazards and to ensure the health and safety of staff, guests, invitees and patrons and shall ensure that all staff, guests, invitees, and patrons are covered under an emergency medical evacuation policy. 4.2.11 During the Project Term, the Lessee shall operate at all times in an environmentally responsible way by adopting appropriate operating methods and practices for conducting business in a proclaimed national park and shall adhere to the guidelines set out in the Regulatory Provisions, the Environmental Guidelines and the EIA. The Lessee shall comply with the EIA Findings and Recommendations. The Lessee shall have due regard for the under-mentioned matters, and shall take them into account in conducting its business. The matters to be taken into account are all ecological aspects, including garbage disposal, human waste treatment, firewood collection and fuel self sufficiency, fire control, advertising standards, use of environmentally friendly cleaning and other materials, fauna and flora protection, water conservation, minimising noise levels, visual impacts, the removal of aquatic life, plants, insects, rocks and the like, removal of souvenirs, social aspects, privacy, response to begging, use of technological equipment, bartering and bargaining, indigenous rights, local officials and off-limits areas. It shall be the Lessee’s responsibility to bring any matter which may have a detrimental impact on the environment to the attention of the Lessor before implementation by the Lessee. 4.2.12 Without limiting the generality of the responsibility of the Lessee described in Clause 4.2.11, the Lessee has a statutory duty in terms of existing acts to take reasonable measures to prevent pollution or degradation from occurring, continuing or recurring, or, in so far as any harm to the environment is authorised by the Lessor, the findings of the EIA or by law, to minimise and rectify such pollution or degradation of the environment.