The Minister of Environmental Affairs has made regulations for the procedure and criteria to be followed in the determination of an administrative fine in terms of section 22A under sections 53(1A) of the NEM:AQA. The purpose of these Regulations is to provide for the procedure and criteria to be followed in the determination of an administrative fine when scheduled processes were commenced with, without authorisation.
 
It is evident that any delay in submission of a section 22A application will come at a hefty and increasing price tag. The minimum fine is R 200 000 and in priority areas fines appear to start at R 1 200 000.00. Any subsequent application under section 22A immediately results in the maximum fine under section 22A, that being R 5 000 000.00. The regulations attempt to limit representations that may be presented to reduce this default fine to “the objectives” of the NEM:AQA, and should be carefully compiled. Also noteworthy is that the possibility of arguing in reduction of fines other than the maximum fine is not expressly provided for.
 
The relationship and potential duplication of fines in terms of section 22A of the NEM:AQA and concomitant fines under section 24G of the NEMA, also remains problematic.

For any queries please contact our environmental and mining law division at the details below:

Kenneth Cameron

(012) 425 3514
kcameron@macrobert.co.za

(012) 425 3522
cpepermans@macrobert.co.za

(012) 425 3435
pmuthelo@macrobert.co.za