Regulations > Section 24G Fine Regulations > Annexure A > Section C : Quantum of the section 24G fine

In terms of section 24G(4) of the NEMA, it is mandatory for an applicant to pay an administrative fine as determined by the competent authority before the Minister, Minister responsible for mineral resource or MEC may take a decision on whether or not to grant an ex post facto environmental authorisation or a waste management licence as the case may be. The quantum of this fine may not exceed R5 million.

Having regard to the factors listed below, you are hereby afforded with an opportunity to make representations in respect of the quantum of the fine and as to why the competent authority should not issue a maximum fine of R5 million.

Please note that Part 1 of this section must be completed by an independent environmental assessment practitioner after conducting the necessary specialist studies, copies of which must be submitted with this completed application form.

Please also include in your representations whether or not the activities applied for in this application (if more than 1) are in your view interrelated and provide reasons therefor.

PART 1: THE IMPACTS OR POTENTIAL IMPACTS OF THE ACTIVITY/ACTIVITIES

Index	Socio Economic Impact	Place an "x" in the appropriate box
	Description of variable
The activity is not giving, has not given and will not give rise to any negative socio-economic impacts
The activity is giving, has given, or could give rise to negative socio-economic impacts, but highly localised
The activity is giving, has given, or could give rise to significant negative socio-economic and regionalised impacts
The activity is resulting, has resulted or could result in wide-scale negative socio-economic impacts.
Motivation:

Index	Biodiversity Impact	Place an "x" in the appropriate box
	Description of variable
The activity is not giving, has not given and will not give rise to any impacts on biodiversity
The activity is giving, has given, or could give rise to localised biodiversity impacts
The activity is giving, has given, or could give rise to significant biodiversity impacts
The activity is, has or is likely to permanently/irreversibly transform / destroy a recognised biodiversity "hot spot" or threaten the existence of a species or sub-species
Motivation:

Index	Sense of Place Impact and/or Heritage Impact	Place an "x" in the appropriate box
	Description of variable
The activity is in keeping with the surrounding environment and/or does not negatively impact on the affected area's sense of place and/ or heritage
The activity is not in keeping with the surrounding environment and will have a localised impact on the affected area's sense of place and/or heritage
The activity is not in keeping with the surrounding environment and will have a significant impact on the affected area's sense of place and/or heritage
The activity is completely out of keeping with the surrounding environment and will have a significant impact on the affected area's sense of place and/or heritage
Motivation:

Index	Pollution Impact	Place an "x" in the appropriate box
	Description of variable
The activity is not giving, has not given and will not give rise to any pollution
The activity is giving, has given or could give rise to pollution with low impacts
The activity is giving, has given, or could give rise to pollution with moderate impacts
The activity is giving, has given or could give rise to pollution with high impacts
The activity is giving, has given or could give rise to pollution with major impacts
Motivation:

PART 2: COMPLIANCE HISTORY AND KNOWLEDGE OF THE APPLICANT

Index	Previous administrative action (i.e. administrative enforcement notices) issued to the applicant in respect of a contravention of section 24F(1) of the National Environmental Management Act and/or section 20(b) of the National Environmental Management Waste Act	Place an "x" in the appropriate box
	Description of variable
Administrative action was previously taken against the applicant in respect of the abovementioned provisions
No previous administrative action was taken against the applicant but previous administrative action was taken against a firm(s) on whose board one or more of the applicant's directors sit or sat at the relevant time when the administrative action was taken.
Administrative action was not previously taken against the applicant in respect of the abovementioned provisions
Explanation of all previous administrative action taken in respect of the above:

Index	Previous Convictions in terms of section 24F(1) of the National Environmental Management Act and/or section 20(b) of the National Environmental Management Waste Act	Place an "x" in the appropriate box
	Description of variable
The applicant was previously convicted in terms of either or both of the abovementioned provisions.
No previous convictions have been secured against the applicant but a conviction has been secured against a firm(s) on whose board one or more of the applicant's directors sit or sat at the relevant time; or a conviction was secured against a director of the applicant in his or her personal capacity.
The applicant has not previously been convicted in terms of either or both of the abovementioned provisions.
Explanation of all previous administrative action taken in respect of the above:

Index	Number of section 24G applications previously submitted by the applicant	Place an "x" in the appropriate box
	Description of variable
Previous applications in terms of section 24G of NEMA were submitted by the applicant.
No previous applications have been submitted by the applicant but a previous application(s) have been submitted by a firm(s) on whose board one or more of the applicant's directors sit or sat at the relevant time.
No previous applications have been submitted by the applicant but the applicant sat on the board of a firm that previously submitted an application.
Explanation in respect of all previous applications submitted in terms of section 24G:

PART 3: APPLICANT'S PERSONAL CIRCUMSTANCES

Index	Applicant's legal persona	Place an "x" in the appropriate box
	Description of variable
The applicant is a natural person
The applicant is a firm.
Describe the firm:

Index

Any other relevant information that the applicant would like to be considered

Motivate and explain fully:

NOTE: An explanation as to why the applicant did not obtain an environmental authorisation and/or waste management licence must be attached to this application.

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

Regulations

Section 24G Fine Regulations

Annexure A

Section C : Quantum of the section 24G fine