National Forests Act, 1998 (Act No. 84 of 1998)Chapter 7 : Offences and PenaltiesPart 1 : Sentencing58. Penalties |
| (1) | A person who is guilty of a first category offence referred to in sections 62 and 63 may be sentenced to a fine or imprisonment for a period of up to three years, or to both a fine and such imprisonment. |
| (2) | A person who is guilty of a second category offence referred to in sections 62, 63 and 64 may be sentenced on a first conviction for that offence to a fine or imprisonment for a period of up to two years, or to both a fine and such imprisonment. |
| (3) | A person who is guilty of a third category offence referred to in sections 62 and 63 may be sentenced on a first conviction for that offence to a fine or imprisonment for a period of up to one year, or to both a fine and such imprisonment. |
| (4) | A person who is guilty of a fourth category offence referred to in sections 63 and 64 may be sentenced on a first conviction for that offence to a fine or community service for a period of up to six months or to both a fine and such service. |
| (5) | A person who is guilty of a second, third or fourth category offence may be sentenced on a second conviction for that offence as if he or she has committed a first, second or third category offence, respectively. |
| (6) | A person who is guilty of a fifth category offence referred to in section 61 may not be sentenced to imprisonment, but may be sentenced to a fine up to R50 000. |
| (7) | The maximum amount of the fine referred to in subsection (6) may be amended by the Minister by a notice in the Gazette in order to counteract inflation. |
| (8) | A court which 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 environment if it is possible for the offender to serve such a sentence in the circumstances; |
| (b) | for any offence in terms of this Act, may suspend or revoke a licence granted to the offender under section 7 or 23. |