News Flash No. 14/2015

ADMISSION OF GUILT FINES


MacRobert wishes to draw your attention to the following important notice
published on 24 July 2015

Notice 635
Gazette 39024
Date 24 July 2015


The Minister of Environmental Affairs has made regulations pertaining to the identification and setting of admission of guilt fines in terms of section 34G of the National Environmental Management Act 107 of 1998 ("NEMA"). In terms of section 34G of the NEMA, "the Minister may by regulation specify offences in terms of this Act or a specific environmental management Act in respect of which alleged offenders may pay a prescribed admission of guilt fine instead of being tried by a court for the offence".

This notice sets out admission of guilt fines to a maximum of R5 000 in respect of the following offences as listed the National Environmental Management: Waste Act 59 of 2008 -

  • Section 21(a)read with section 67(1)(b);
  • Section 21(b) read with section 67(1)(b);
  • Section 21(c) read with section 67(1)(b);
  • Section 21(d) read with section 67(1)(b);
  • Section 22(1) read with section 67(1)(b);
  • Section 27(2)(a) read with section 67(1)(b);
  • Section 27(2)(b) read with section 67(1)(b);
  • Section 63(4) read with section 67(1)(m);
  • Section 67(2)(a);
  • Section 67(2)(b).


The regulations apply in respect of offences pertaining to general waste only and do not apply to offences in respect of hazardous waste or priority waste.

For any queries you are welcome to contact our environmental and mining law division:

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

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

Palesa Matsheka
(012) 425 3587
pmatsheka@macrobert.co.za