National Environmental Management Act, 1998 (Act No. 107 of 1998)
Section 24G Fine Regulations
In these Regulations any word or expression to which a meaning has been assigned in the Act has that meaning, and unless the context requires otherwise:
means a person who has submitted an application pursuant to the provisions of section 24G of the Act;
means the division in the national or provincial department responsible for environmental affairs or the department of mineral resources as the case may be, that is tasked with evaluating the environmental impact of a listed or specified activity or waste management activity and, where appropriate, with granting or refusing of an environmental authorisation or waste management licence in respect of that activity;
means the impact or potential impact that an activity has, has had or may have on living organisms from all sources, including terrestrial, marine and other aquatic ecosystems and the ecological complexities of which they are part, taking into account the conservation value of the biodiversity affected and whether or not the harm or potential harm is irreversible;
means a member of the board, executive committee, or other managing body of a corporate body or parastatal, a member of a close corporation, a partner of a partnership, or a trustee of a trust;
means the fine calculator approved by the Minister which incorporates the factors listed in Regulation 4 and includes a formula for the determination of an appropriate fine;
means the committee established in terms of Regulation 3 that is required to make a recommendation on the fine quantum to the competent authority;
means any body incorporated by, or established in terms of, any law as well as any partnership, trust, parastatal or organ of state;
means the impact or potential impact that an activity has, has had, or may have on—
|(a)||an object or place of cultural or archaeological significance,|
|(b)||paleontological remains or a paleontological site,|
|(d)||public monuments and memorials, or|
|(e)||a place declared to be a national or provincial heritage site by the relevant authority;|
"National Environmental Management Waste Act"
means the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008);
"registered interested and affected party"
means an interested and affected party whose name is recorded in the register opened for that application in terms of Regulation 8;
means the time when the administrative enforcement notice was issued, or when the criminal offence was committed, or when the application in terms of section 24G was submitted;
means an applicant who satisfies one or more of the criterion listed in Regulation 4(1)(e) read with Regulation 4(3);
"sense of place impact"
means the impact or potential impact that an activity has, has had, or may have on the mix of natural and cultural features in the landscape that provide a strong and unique identity and character that is deeply felt by local inhabitants and/or visitors;
"socio- economic impact"
means the impact or potential impact that an activity has, has had, or may have on the surrounding community's social and economic wellbeing, including changes in demographics, housing, employment, income opportunities and demand for public services; and
means the National Environmental Management Act, 1998 (Act No. 107 of 1998).