The Minister of Environmental Affairs has, under sections 44(1)(aC) and 44(1)(b) of the NEMA, published regulations pertaining to the procedure to be followed and the criteria to be considered when determining an appropriate fine for an application submitted in terms of section 24G of the NEMA.
The regulations introduce the “fine committee”, who is tasked with making recommendations to the competent authority on the quantum of a fine payable for applications in terms of section 24G of the NEMA. The regulations also make provisions for the submission of representations in respect of the quantum of the fine.
In terms of the regulations, where an application is submitted by a repeat offender, the fine committee must recommend to the competent authority that the applicant pay the maximum fine amount as stipulated in section 24G(4) of the NEMA, which is currently R5 million.
