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National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004)

Regulations

Section 24G Fine Regulations

4. Factors to be taken into account

 

(1) The fine committee, when determining the proposed quantum of the fine, well as the competent authority when determining the fine in terms of section 24G(4), must take the following considerations into account—
(a) the information submitted by an applicant in terms of section 24G(1)(b)(vii)-(viii);
(b) the completed application form, including Section C of Annexure A, Part 1 of which is to be completed by the applicant's environmental assessment practitioner;
(c) the impacts or potential impacts, including the cumulative impacts, of the activity or activities namely—
(i) the socio-economic impact;
(ii) the biodiversity impact;
(iii) the impact on sense of place and/or heritage; and
(iv) any pollution and/or environmental degradation which has been, is being or may be caused by the activity or activities.
(d) any technical or specialist advice or information on local knowledge received pursuant to Regulation 3(3) above
(e) the compliance history of the applicant, namely—
(i) whether or not administrative enforcement notices, including pre-notices where appropriate, have previously been issued to the applicant in respect of a contravention of section 24F(1) of the Act and/or section 20(b) of the National Environmental Management Waste Act;
(ii) whether or not the applicant has previously been convicted in respect of a contravention of section 24F(1) of the Act and/or section 20(b) of the National Environmental Management Waste Act; and
(iii) whether or not the applicant has previously submitted a section 24G application in respect of an activity or activities which commenced prior to the activity or activities that are the subject of the current application;
(f) whether the applicant is a firm or a natural person; and
(g) any other representations made by the applicant in terms of Annexure A Section C in respect of the quantum of the fine.

 

(2) If the fine committee requires any further information, in addition to that received in accordance with subregulation (1) above, in order properly to determine the proposed quantum of the fine, it may request the competent authority to direct the applicant, within a specified period, to provide such further information and/or to undertake such further studies as the fine committee deems necessary.

 

(3) For the purposes of subregulation (1)(e) and in Part 2 of Section C in Annexure A the fine committee and the competent authority must take into account whether or not—
(a) any of the directors of the applicant firm are, or were, at the relevant time, directors of a firm to whom subregulation (1)(e) applies;
(b) an applicant who is a natural person is, or was, at the relevant time a director of a firm to whom subregulation (1)(e) applies.

 

(4) When calculating the proposed quantum of the fine, or the fine, as the case may be, the fine committee and the competent authority must use the fine calculator approved by the Minister.