Offences and penalties (Offences against the environment)

Question 1

Section stating the offences

Answer 1

s101 of the National Environmental Management Biodiversity Act 10 of 2004

Question 2

A PERSON COMMITS AN OFFENCE IF THEY:

Answer 2

1) Breach specific sections:
 Break or ignore the rules in S: 57(1), 57(1A), 65(1), 67(2), 71(1), 81(1), or 81A(1).
 Disobey any public notice issued under A 9A or 57(2).
 Disregard a directive issued under A 69(2) or 73(3).

2) If they hold a permit and:
 Break the rules in S 69(1) or 73(1).
 Do something outside the conditions of their permit.

3)* Fraudulent actions:*
 Illegally **change **a permit.
 Forge or fake a permit or document.
 Use, carry, or distribute a fake or altered permit.
 Lie to get a permit.
 Help someone else commit any of the offences listed above.

Question 3

provision regulating penalties

Answer 3

s102 of the National Environmental Management Biodiversity Act

Question 4

S 102 On penalties if convicted of an offence

Answer 4

1) General penalty = fine of up to R10 million, or up to 10 years in prison, or both.

Question 5

2) If offence involves certain species or activities:

Answer 5

For
* threatened / protected species
* alien species
* or unlicensed bioprospecting

the penalty is fine of either:
* Up to R10 million,
* Three times the commercial value of the species / activity involved,
- Whichever is greater.

Question 6

3) For listed invasive species:

Answer 6

 A fine based on: - Either the general penalty or - The estimated cost of controlling the species involved, - Or both.

Question 7

4) Magistrate’s Court power:

Answer 7

 A magistrate’s court can impose all penalties listed above, even if
normally higher courts would be required.

Question 8

Case law

Answer 8

S v Lemtongthai

Question 9

S v Lemtongthai

Answer 9

• Accused fraudulently produced 26 permits which permitted him to hunt
  rhino’s. - - - - -
  He was charged in terms of S 57 of the Act, because he also sold rhino
  horns.
  Charged on 26 counts
  He was found guilty + sentences to 30 years imprisonment.
  Appealed against his sentence, and the court reduced it, but he still
  received a harsh sentence.
  Note: performing restricted activities ito endangered species