National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008)Chapter 7 : Compliance and Enforcement68. Penalties |
| (1) | A person convicted of an offence referred to in section 67(1)(a), (g) or (h) is liable to a fine not exceeding R10 000 000 or to imprisonment for a period not exceeding 10 years, or to both such fine and such imprisonment, in addition to any other penalty or award that may be imposed or made in terms of the National Environmental Management Act. |
| (2) | A person convicted of an offence referred to in section 67(1)(b), (c), (d), (e), (f),(i), (j), (k) or (I) or section 67(2)(a), (b), (c), (d) or (e) is liable to a fine not exceeding R5 000 000 or to imprisonment for a period not exceeding five years, or to both a fine and such imprisonment, in addition to any other penalty or award that may be imposed or made in terms of the National Environmental Management Act. |
| (3) | Any person convicted of an offence referred to in section 67(1)(m) is liable to a fine or to imprisonment for a period not exceeding six months or to both a fine and such imprisonment. |
| (4) | A person who is convicted of an offence in terms of this Act and who persists after conviction in the act or omission that constituted the offence commits a continuing offence and is liable on conviction to a fine not exceeding R1 000 or to imprisonment for a period not exceeding 20 days, or to both such fine and such imprisonment, in respect of each day that person persists with that act or omission. |
| (5) | A fine contemplated in subsection (1), (2), (3) or (4) must be determined with due consideration of— |
| (a) | the severity of the offence in terms of its impact or potential impact on health, well-being, safety and the environment; and |
| (b) | the monetary or other benefits that accrued to the convicted person through the commission of the offence. |