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REGULATIONS
FINES IN TERMS OF SECTION 24G
MacRobert wishes to draw your attention to the following important notices
published on 24 July 2015
| Notice |
636 and 637 |
| Gazette |
39024 |
| Date |
24 July 2015 |
The Minister of Environmental Affairs has, in terms of sections 44(1(aC) and 44(1)(b) of the National Environmental Management Act 107 of 1998 ("NEMA"), given notice of her intention to make regulations pertaining to the procedure to be followed and criteria to be considered when determining a fine pursuant to an application in terms of section 24G of the NEMA.
The regulations set out provisions pertaining to, inter alia, the establishment of a fine recommendation committee by each competent authority and the factors to be taken into consideration when determining a fine in terms of section 24G of the NEMA.
The regulations also provide for "Culpable Applicants" which is defined in the regulations so as to mean "an applicant whose prior conduct and/or engagement with environmental authorities displays a knowledge of legal requirements related to the activity; and who nonetheless commences and/or operates without the necessary authorisation; and who satisfies one or more of the criterion listed in Regulation 4(1)(b)". The regulations provide that, in respect of applications in terms of section 24G of the NEMA submitted by a Culpable Applicant, the fine recommendation committee must recommend that such applicant pay the maximum fine specified in terms of the NEMA.
The regulations further provide for consolidated applications and prescribes that the competent authority may impose a single fine in respect of a consolidated application submitted for more than one listed activity and/or waste management licence, provided that the activities are interrelated.
Members of the public are invited to submit written comments within 30 days of publication of this notice (i.e. on or before 24 August 2015).
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
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