National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004)

Chapter 9 : Offences and Penalties

Purchase

(1)	A person is guilty of an offence if that person contravenes or fails to comply with a provision of—

(a)	section 57(1), 57(1A), 65(1), 67(2), 71(1), 81(1) or 81A(1);

[Section 101(1)(a) substituted by section 32(a) of Act No. 14 of 2013]

(b)	a notice published in terms of section 57(2); or

(c)	a directive issued in terms of section 69(2) or 73(3).

(2)	A person who is the holder of a permit is guilty of an offence if that person—

(a)	contravenes or fails to comply with a provision of section 69(1) or 73(1); or

[Section 101(2)(a) amended by section 32(b) of Act No. 14 of 2013]

(b)	performs the activity for which the permit was issued otherwise than in accordance with any conditions subject to which the permit was issued;

[Section 101(2)(b) amended by section 32(b) of Act No. 14 of 2013]

(c)	[Section 101(2)(c) deleted by section 32(b) of Act No. 14 of 2013]

(3)	A person is guilty of an offence if that person—

(a)	fraudulently alters any permit;

(b)	fabricates or forges any document for the purpose of passing it as a permit;

(c)	passes, uses, alters or has in his or her possession any altered or false document purporting to be a permit;

[Section 101(3)(c) amended by section 32(c) of Act No. 14 of 2013]

(d)	knowingly makes any false statement or report for the purpose of obtaining a permit; or

[Section 101(3)(d) amended by section 32(c) of Act No. 14 of 2013]

(e)	permits or allows any other person to do, or to omit to do, anything which is an offence in terms of subsection (1) or (2).

[Section 101(3)(e) inserted by section 32(c) of Act No. 14 of 2013]