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NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT (39/2004): DRAFT REGULATIONS FOR THE PROCEDURE AND CRITERIA TO BE FOLLOWED IN THE DETERMINATION OF AN ADMINISTRATIVE FINE IN TERMS OF SECTION 22A

Posted 16 October 2015

The Minister of Environmental Affairs has, in terms of sections 22A and 53 (IA) read with section 57(1)(a) of the NEM:AQA, given notice of her intention to make regulations for the procedure and criteria to be followed in determining administrative fines pursuant to an application in terms of section 22A of the NEM:AQA.

The regulations set out provisions pertaining to, inter alia, the factors to be taken into consideration when determining a fine in terms of section 22A of the NEM:AQA.

In accordance with these regulations, an applicant in terms of section 22A of the NEM:AQA, who was previously convicted of an offence for the commencement of a listed activity without the required atmospheric emission licence or who previously submitted an application in terms of section 22A of the NEM:AQA, will be liable for the maximum fine as specified in section 22A of the NEM:AQA unless compelling reasons are provided why this would not promote the objectives of the Act.

Members of the public are invited to submit written comments within 30 days of publication of this notice (i.e. on or before 26 October 2015).