Mandating Procedures of Provinces Act, 2008
R 385
National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004)Chapter 7 : Offences and Penalties52. Penalties |
| (1) | A person convicted of an offence referred to in section 51 is liable to a fine, or to imprisonment for a period not exceeding ten years, or to both a fine and such imprisonment. |
| (2) | A fine contemplated in subsection (1)— |
| (a) | may not exceed an amount prescribed in terms of legislation regulating maximum fines for criminal offences; and |
| (b) | must be determined with due consideration of— |
| (i) | the severity of the offence in terms of its impact, or potential impact, on health, well-being, safety and the environment; |
| (ii) | the monetary or other benefits which accrued to the convicted person through the commission of the offence; and |
| (iii) | the extent of the convicted person’s contribution to the overall pollution load of the area under normal working conditions. |
