Environmental inspector action versus natural justice in issuance of an environmental restoration order


Natural justice is based on a fundamental rule that there is need to hear the other side. In this case no accused, or a person directly affected by a decision, shall be condemned unless given full chance to prepare and submit his or her case and rebuttal to the opposing party’s arguments; Read more: http://www.businessdictionary.com/definition/natural-justice.html

However EMCA Cap 387 Section 109(6) states that it shall not be necessary for NEMA or its Inspectors in exercising their powers in issuance of an environmental restoration order to give any person conducting or involved in the activity which is the subject of the inspection or residing or working on or developing land on which the activity which is the subject of the inspection is taking place, an opportunity of being heard by or making representations to the person conducting the inspection.

Ref: EMCA Section 109.6

Question

Why are the rules of natural justice ignored in issuance of an environmental restoration order?