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Environmental and Mining / Legal Updates

NATIONAL ENVIRONMENTAL MANAGEMENT ACT (107/1998): REGULATIONS FOR ADMISSION OF GUILT FINES

Posted 17 August 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 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 NEM:WA –

  • 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.