Acts Online
GT Shield

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

Chapter 8 : Administration of Act

Part 1 : Regulations

98. General

 

(1) Regulations made in terms of section 97 may—
(a) restrict or prohibit any act either absolutely or conditionally;
(b) apply—
(i) generally throughout the Republic or a province, as the case may be, or only in a specified area or category of areas;
(ii) generally to all persons or only to a specified category of persons;
(iii) generally with respect to all species or only to a specified species or category of species; or
(iv) generally with respect to all permits or only to a specified category of permits; or

[Section 98(1)(b)(iv) substituted by section 31(a) of Act No. 14 of 2013]

(c) differentiate between different—
(i) areas or categories of areas;
(ii) persons or categories of persons;
(iii) species or categories of species; or
(iv) categories of permits.

[Section 98(1)(c)(iv) substituted by section 31(b) of Act No. 14 of 2013]

 

(2) Regulations made in terms of section 97 may provide that any person who contravenes or fails to comply with a provision thereof is guilty of an offence and liable on conviction to—
(a) imprisonment for a period not exceeding five years;

[Section 98(2)(a) substituted by section 46 of Act No. 14 of 2009]

(b) a fine not exceeding five million rand, and in the case of a second or subsequent conviction, to a fine not exceeding R10 million or imprisonment for a period not exceeding 10 years or in both instances to both a fine and such imprisonment; or

[Section 98(2)(b) substituted by section 46 of Act 14 of 2009);

(c) both a fine and such imprisonment.

 

(3) Regulations made in terms of section 97 may differentiate between the penalties for the contravention of the different provisions thereof, but the maximum penalty may not exceed the penalty provided for in subsection (2).

[Section 98(3) inserted by section 31(c) of Act No. 14 of 2013]

 

 


500 - Internal Server Error
500 - Internal Server Error

We're sorry, but something went wrong displaying that page. While we work on fixing this, you can return to the home page.

Alternatively, email [email protected] for assistance.