SECTION 24G ADMINISTRATIVE FINE DETERMINATION REGULATIONS
Title: Regulations relating to the procedure to be followed and criteria to be considered when determining an appropriate fine in terms of section 24G
Government Gazette Notice: GN 698 in GG 40994 of 20 July 2017
Commencing Date: 20 July 2017
The purpose of these Regulations is to provide for the procedure to be followed and criteria to be considered in the determination of a fine pursuant to an application submitted in terms of section 24G of the National Environmental Management Act 107 of 1998 (NEMA) and any matters incidental thereto.
Each competent authority must establish fine committees with a view to making recommendations to the competent authority on the quantum of the fine to be imposed on an applicant. Factors to be taken into account when considering the quantum of a fine are also specified.
The applicant must be given the opportunity to make representations on the quantum of the administrative fine in the section 24G application form. Specific duties are also now imposed on the applicant pertaining to public participation during the section 24G process.
So what for my operation?
An application submitted in terms of section 24G of the Act, prior to the date of these Regulations coming into effect, must be dispensed with as if these Regulations have not been promulgated and taken effect. However, any new applications submitted in terms of section 24G after 20 July 2017 must adhere to the provisions of these regulations.
What is Shangoni’s approach?
Shangoni has highly skilled and experienced environmental consultants who facilitate applications for environmental authorisations in terms of NEMA on behalf of our clients in the mining and industrial sectors. The facilitation process includes consulting with governmental departments during application procedures, the compilation of technical environmental documentation and public participation processes.