National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004)

Chapter 7 : Offences and Penalties

52. Penalties

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(1) A person convicted of an offence referred to in section 51 is liable to a fine, or to imprisonment for a period not exceeding ten years, or to both a fine and such imprisonment.

 

(2) A fine contemplated in subsection (1)—
(a) may not exceed an amount prescribed in terms of legislation regulating maximum fines for criminal offences; and
(b)must be determined with due consideration of—
(i)the severity of the offence in terms of its impact, or potential impact, on health, well-being, safety and the environment;
(ii) the monetary or other benefits which accrued to the convicted person through the commission of the offence; and
(iii) the extent of the convicted person’s contribution to the overall pollution load of the area under normal working conditions.