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National Forests Act, 1998 (Act No. 84 of 1998)

Chapter 7 : Offences and Penalties

Part 1 : Sentencing

58. Penalties

 

(1) A person who is guilty of a first category offence referred to in sections 62 and 63 may be sentenced to a fine or imprisonment for a period of up to three years, or to both a fine and such imprisonment.

 

(2) A person who is guilty of a second category offence referred to in sections 62, 63 and 64 may be sentenced on a first conviction for that offence to a fine or imprisonment for a period of up to two years, or to both a fine and such imprisonment.

 

(3) A person who is guilty of a third category offence referred to in sections 62 and 63 may be sentenced on a first conviction for that offence to a fine or imprisonment for a period of up to one year, or to both a fine and such imprisonment.

 

(4) A person who is guilty of a fourth category offence referred to in sections 63 and 64 may be sentenced on a first conviction for that offence to a fine or community service for a period of up to six months or to both a fine and such service.

 

(5) A person who is guilty of a second, third or fourth category offence may be sentenced on a second conviction for that offence as if he or she has committed a first, second or third category offence, respectively.

 

(6) A person who is guilty of a fifth category offence referred to in section 61 may not be sentenced to imprisonment, but may be sentenced to a fine up to R50 000.

 

(7) The maximum amount of the fine referred to in subsection (6) may be amended by the Minister by a notice in the Gazette in order to counteract inflation.

 

(8) A court which sentences any person—
(a) to community service for an offence in terms of this Act must impose a form of community service which benefits the environment if it is possible for the offender to serve such a sentence in the circumstances;
(b) for any offence in terms of this Act, may suspend or revoke a licence granted to the offender under section 7 or 23.