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National Environment Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008)

Chapter 11 : General Powers and Duties

Part 1 : Regulations

85. General provisions applicable to regulations

 

(1) The Minister or MEC must publish draft regulations for public comment and must take any submissions received into account before making any regulations in terms of sections 83 or 84.

 

(2) Subsection (1) need not be applied in the case of a minor or a mere technical amendment to regulations.

 

(3) Regulations made in terms of section 83 or 84 may—
(a) restrict, prohibit or control any act that may have an adverse effect on the coastal environment, either absolutely or conditionally;
(b) apply generally—
(i) throughout the Republic or province, as the case may be, or only in a specified area or category of areas;
(ii) to all persons or only to a specified category of persons;
(iii) to all prohibited activities or only to a specified activity or category of activities; or
(iv) to all types of waste or other materials or only to specified waste or other material or a category of waste or other material;
(c) differentiate between different—
(i) areas or categories of areas;
(ii) persons or categories of persons;
(iii) activities or categories of activities; or
(iv) types of wastes or other materials or categories of types of waste or other materials;
(d) provide that any person who contravenes or fails to comply with a provision thereof is guilty of an offence and liable on conviction to—
(i) imprisonment for a period not exceeding five years;
(ii) an appropriate fine not exceeding R2 million; or
(iii) both such fine and imprisonment.

[Subsection (3)(d) substituted by section 49 of Act No. 36 of 2014]

 

 


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