National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004)Chapter 9 : Offences and Penalties102. Penalties |
| (1) | A person convicted of an offence in terms of section 101 is liable to a fine not exceeding R10 million, or an imprisonment for a period not exceeding ten years, or to both such a fine and such imprisonment. |
[Section 102(1) substituted by section 47(a) of Act No. 14 of 2009]
| (2) | If a person is convicted of an offence involving a specimen of a listed threatened or protected species, or an alien species or commencing the commercialisation phase of bioprospecting without a permit issued in terms of Chapter 7, a fine may be determined, either in terms of subsection (1) or equal to three times the commercial value of the specimen or activity in respect of which the offence was committed, whichever is the greater. |
[Section 102(2) substituted by section 33(a) of Act No. 14 of 2013]
| (2A) | If a person is convicted of an offence involving a specimen of a listed invasive species, a fine may be determined, either in terms of subsection (1) or equal to the estimated cost associated with the control of the specimen in respect of which the offence was committed or both. |
[Section 102(2A) inserted by section 33(b) of Act No. 14 of 2013]
| (3) | 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 102(3) inserted by section 47(b) of Act No. 14 of 2009]