National Environmental Management Act, 1998 (Act No. 107 of 1998)Chapter 7 : Compliance, Enforcement and ProtectionPart 3 : Judicial Matters34G. Admission of guilt fines |
| (1) | Despite section 57(5) of the Criminal Procedure Act, 1977, the Minister may by regulation specify offences in terms of this Act or a specific environmental management Act in respect of which alleged offenders may pay a prescribed admission of guilt fine instead of being tried by a court for the offence. |
[Section 34G(1) substituted by section 32 of the National Environmental Laws Amendment Act, 2022, GG46602, dated 24 June 2022: Commencement by Proclamation 125 of 2023, GG48869, dated 30 June 2023]
| (2) | An environmental management inspector who has reason to believe that a person has committed an offence specified in terms of subsection (1) may issue to the alleged offender a written notice referred to in section 56 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977). |
| (3) | The amount of the fine stipulated in the notice referred to in subsection (2) may not exceed the amount:— |
| (a) | prescribed for the offence; and |
| (b) | which a court would presumably have imposed in the circumstances. |
| (4) | The provisions of sections 56, 57 and 57A of the Criminal Procedure Act, 1977, apply subject to such modifications as the context may require, to written notices and admission of guilt fines referred to in this section. |