National Environment Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008)Chapter 10 : Enforcement80. Penalties |
| (1) | A person who is convicted of a category one offence referred to in section 79(1) may be sentenced to a fine of up to R5 000 000 or to imprisonment for a period of up to ten years, or to both such fine and imprisonment. |
| (2) | A person who is convicted of a category two offence referred to in section 79(2) may be sentenced on a first conviction for that offence to a line of up to R2 000 000 or to imprisonment or community service for a period of up to five years, or to both such fine and imprisonment or community service. |
| (3) | [Subsection (3) deleted by section 45 of Act No. 36 of 2014] |
| (4) | A person who is convicted of a category two or three offence may be sentenced on a second or subsequent conviction for that offence as if he or she has committed a category one offence. |
| (5) | A court that sentences any person— |
| (a) | to community service for an offence in terms of this Act must impose a form of community service which benefits the coastal environment, unless it is not possible to impose such a sentence in the circumstances; |
| (b) | for any offence in terms of this Act, may suspend, revoke or cancel a coastal authorisation granted to the offender under this Act. |
| (6) | If a person is found guilty of an offence in the High Court, the penalty limitations in subsection (1), (2) and (4) do not apply a higher penalty may be imposed. |
[Subsection (6) inserted by section 45 of Act No. 36 of 2014]
[Section 80 substituted by section 45 of Act No. 36 of 2014]