National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003)Chapter 8 : Offences and Penalties89. Offences and penalties |
| (1) | A person is guilty of an offence if that person— |
| (a) | contravenes or fails to comply with a provision of section 45(1), 46(1), 47(2), (3) or (3A), 48(1), 48A(1) or 50(5); |
| (b) | contravenes a notice issued under section 51; |
| (c) | hinders or interferes with a management authority or a member or staff member of a management authority in the performance of official duties; |
| (d) | falsely professes to be a member or staff member of a management authority, or the interpreter or assistant of such an officer; |
| (e) | contravenes or fails to comply with a rule made in terms of section 55(2)(fA). |
[Section 89(1)(a) to (d) substituted by section 42(a) to (c) and Section 89(1)(e) inserted by section 42(d) of the National Environmental Management Laws Amendment Act, 2022, GG46602, dated 24 June 2022: Commencement, Proclamation 125 of 2023, GG48869, dated 30 June 2023]
| (2) | A person convicted of an offence in terms of subsection (1)(a),(b),(c) or (d) is liable, in the case of a first conviction, to a fine not exceeding R5 million or imprisonment for a period not exceeding five years and, in the case of a second or subsequent conviction, to a fine not exceeding R10 million or imprisonment for a period not exceeding ten years or in both instances to both a fine and such imprisonment. |
[Section 89(2) substituted by section 42(e) of the National Environmental Management Laws Amendment Act, 2022, GG46602, dated 24 June 2022: Commencement, Proclamation 125 of 2023, GG48869, dated 30 June 2023]
| (2A) | A person convicted of an offence in terms of subsection (1)(e) is liable to the penalties prescribed pursuant to section 55(2)(fA). |
[Section 89(2A) inserted by section 42(f) of the National Environmental Management Laws Amendment Act, 2022, GG46602, dated 24 June 2022: Commencement, Proclamation 125 of 2023, GG48869, dated 30 June 2023]
| (3) | Contravention of or failure to comply with any provision of a regulation made under section 86 or 87 is an offence. |
[Section 89(3) inserted by section 28(c) of Act No. 14 of 2009]
| (4) | Notwithstanding anything to the contrary in any other law, a magistrate’s court shall have jurisdiction to impose any penalty prescribed by this Act. |
[Section 89(4) inserted by section 28(c) of Act No. 14 of 2009]