Protection of Businesses Act, 1978
R 385
Marine Living Resources Act, 1998 (Act No. 18 of 1998)Chapter 7 : Judicial Matters58. Offences and penalties |
| (1) | Any person who, subject to the provisions of subsections (2) or (3)— |
| (a) | undertakes fishing or related activities in contravention of— |
| (i) | a provision of section 13; |
| (ii) | the conditions of any right of access, other right, licence or permit granted or issued in terms of Part 1, 2 or 3 of Chapter 3; or |
| (iii) | an authorisation to undertake fishing or related activities in terms of Part 6 or 7 of Chapter 3, but excluding section 39(5); or |
| (b) | contravenes any other provision of this Act, |
shall be guilty of an offence and liable on conviction to a fine not exceeding two million rand, or to imprisonment for a period not exceeding five years.
| (2) | Any person who contravenes— |
| (a) | a provision of an international conservation and management measure inside or outside South African waters, or otherwise fails to comply with any provision of Part 7 of Chapter 3, by means of a vessel registered in the Republic; or |
| (b) | the conditions imposed in a high seas fishing permit or high seas fishing vessel licence, |
shall be guilty of an offence and liable on conviction to a fine not exceeding three million rand.
| (3) | Any person who contravenes a provision of section 39(5), 45, 47, 48 or 49 shall be guilty of an offence and liable on conviction to a fine not exceeding five million rand. |
| (4) | A regulation made under this Act may provide that a person who contravenes or fails to comply with a provision thereof, shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding two years. |
