Supreme Court Act, 1959
R 385
Marine Pollution (Control and Civil Liability) Act, 1981 (Act No. 6 of 1981)30. Offences and penalties |
| (1) | Any person who— |
| (a) | contravenes or fails to comply with the provisions of— |
(i) section 14(6); or
(ii) section 21(1);
| (b) | wilfully fails to comply with an order or requirement of the Authority in terms of— |
(i) section 4(1);
(ii) section 4(2)(c);
(iii) section 5(3); or
(iv) section 6;
| (c) | hinders or obstructs any person in the performance of his functions by virtue of the provisions of— |
| (i) | section 4(2)(a); |
| (ii) | section 5(6); |
| (iii) | section 7; or |
| (iv) | section 22(1), |
shall be guilty of an offence.
| (2) | Any person convicted of an offence referred to in— |
| (a) | section 3(4), 8(2), 13(7), 24(5) or subsection (1)(a)(i), shall be liable to a fine not exceeding R25 000 or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment; |
[Section 30(2)(a) amended by section 43(a) of Act No. 23 of 1997]
| (b) | subsection (1)(b)(iii), (b)(iv), (c)(i), (c)(ii), (c)(iii) or (c)(iv), shall be liable to a fine not exceeding R50 000 or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment; |
[Section 30(2)(b) amended by section 43(b) of Act No. 23 of 1997]
| (c) | subsection (1)(a)(ii), shall be liable to a fine not exceeding R90 000 or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment; |
[Section 30(2)(c) amended by section 43(c) of Act No. 23 of 1997]
| (d) | section 2(1) or 13(6) or subsection (1)(b)(i) or (b)(ii), shall be liable to a fine not exceeding R200 000 or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment. |
[Section 30(2) substituted by section 5 of Act No. 9 of 1990]
(3) If any person—
| (a) | admits to the Authority that he has contravened any provision of this Act, or that he has failed to comply with any such provision with which it was his duty to comply; |
| (b) | agrees to abide by the decision of the Authority; and |
| (c) | deposits with the Authority such sum as may be required of him, but not exceeding the maximum fine which may be imposed upon a conviction for the contravention or failure in question, |
the Authority may, after such enquiry as it deems necessary, determine the matter summarily and may, without legal proceedings, order by way of penalty the whole or any part of the said deposit to be forfeited.
[Section 30(3) substituted by section 2(2) (item 66 Sch) of Act No. 5 of 1998]
| (4) | There shall be a right of appeal to the Minister from a determination or order of the Authority under subsection (3) whereby a penalty exceeding R2 000 is imposed, provided such right is exercised within a period of three months from the date of such determination or order. |
[Section 30(4) inserted by section 43(e) of Act No. 23 of 1997]
| (5) | The imposition of a penalty under subsection (3) shall be deemed not to be a conviction of an offence, but no prosecution in respect of the offence in question may thereafter be instituted. |
[Section 30(5) inserted by section 2 of Act No. 63 of 1987]
