ADMINISTRATIVE FINES: NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT 39 OF 2004
Title: Draft regulations for the procedure and criteria to be followed in the determination of an administrative fine in terms of section 22A
Government Notice: GN 943 in Government Gazette 39236 of 25 September 2015
Date of commencement: Not yet specified
Potentially affected controls: Budgets for rectification application procedure to authorise an unlawful listed activity relating to air quality
Section 22A of the National Environmental Management: Air Quality Act 39 of 2004 (NEMAQA) states that section 24G of the National Environmental Management Act 107 of 1998 is applicable to the commencement, without an environmental authorisation, of a listed activity related to air quality. Section 22A further states that a person contemplated in subsection (4) must pay an administrative fine, which may not exceed R5 million and which must be determined by the licensing authority, before the licensing authority may act in terms of subsection 5(a) or (b).
The purpose of these Regulations is to provide for the procedure and criteria to be followed in the determination of an administrative fine when an application is submitted in terms of section 22A with NEMAQA. This procedure and criteria is based on the aggravating factors as indicated in the table below:
Minimum fine | Yes/ No | Amount |
For operating illegally | R 200 000 | |
Aggravating factors | Yes/ No | Additional amount to the minimum fine (if yes) |
Each subsequent year which the facility operated without a licence | R 200 000 (per year) | |
The facility for which the application is submitted in the declared priority area | R 1 000 000 |