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National Environmental Management Act, 1998 (Act No. 107 of 1998)

Regulations

Section 24G Fine Regulations

Annexure A to the Section 24G Application Form

Section C : Quantum of the Section 24G Fine

 

Section C : Quantum of the Section 24G Fine

 

In terms of section 24G(4) of the NEMA, it is mandatory for an applicant to pay an administrative fine as determined by the competent authority before the Minister, Minister responsible for mineral resource or MEC may take a decision on whether or not to grant an ex post facto environmental authorisation or a waste management licence as the case may be. The quantum of this fine may not exceed R5 million.

 

Having regard to the factors listed below, you are hereby afforded with an opportunity to make representations in respect of the quantum of the fine and as to why the competent authority should not issue a maximum fine of R5 million.

 

Please note that Part 1 of this section must be completed by an independent environmental assessment practitioner after conducting the necessary specialist studies, copies of which must be submitted with this completed application form.

 

Please also include in your representations whether or not the activities applied for in this application (if more than 1) are in your view interrelated and provide reasons therefor.

 

 

PART 1 : THE IMPACTS OR POTENTIAL IMPACTS OF THE ACTIVITY/ACITIVITIES

 

 

Index    Socio Economic Impact

Place an "x" in the appropriate box

 

 Description of variable

The activity is not giving, has not given and will not give rise to any negative socio-economic impacts

The activity is giving, has given, or could give rise to negative socio-economic impacts, but highly localised

The activity is giving, has given, or could give rise to significant negative socio- economic and regionalized impacts

The activity is resulting, has resulted or could result in wide-scale negative socio-economic impacts.

Motivation:

 

Index    Biodiversity Impact

 

Place an "x" in the appropriate box

 Description of variable

The activity is not giving, has not given and will not give rise to any impacts on biodiversity

The activity is giving, has given or could give rise to localised biodiversity impacts

The activity is giving, has given or could give rise to significant biodiversity impacts

The activity is, has or is likely to permanently/irreversibly transform/destroy a recognised biodiversity 'hot -spot' or threaten the existence of a species or sub-species.

Motivation:

 

 

Index    Sense of Place Impact and/or Heritage Impact

Place an "x" in the appropriate box

 

 Description of variable

The activity is in keeping with the surrounding environment and/or does not negatively impact on the affected area's sense of place and/or heritage

The activity is not in keeping with the surrounding environment and will have a localised impact on the affected area's sense of place and/or heritage

The activity is not in keeping with the surrounding environment and will have a significant impact on the affected area's sense of place and/or heritage

The activity is completely out of keeping with the surrounding environment and will have a significant impact on the affected area's sense of place and/or heritage

Motivation:

 

 

Index    Pollution Impact

Place an "x" in the appropriate box

 

 Description of variable

The activity is not giving, has not given and will not give rise to any pollution

The activity is giving, has given or could give rise to pollution with low impacts.

The activity is giving, has given or could give rise to pollution with moderate impacts.

The activity is giving, has given or could give rise to pollution with major impacts.

Motivation:

 

 

 

PART 2 : COMPLIANCE HISTORY AND KNOWLEDGE OF THE APPLICANT

 

 

Index Previous administrative action (i.e. administrative enforcement notices) issued to the applicant in respect of a contravention of section 24F(1) of the National Environmental Management Act andlar section 20(b) of the National Environmental Management Waste Act

Place an "x" in the appropriate box

 

 Description of variable

Administrative action was previously taken against the applicant in respect of the abovementioned provisions.

No previous administrative action was taken against the applicant but previous administrative action was taken against a firm(s) on whose board one or more of the applicant's directors sit or sat at the relevant time when the administrative action was taken.

Administrative action was not previously taken against the applicant in respect of the abovementioned provisions.

Explanation of all previous administrative action taken in respect of the above:

 

 

Index Previous administrative action (i.e. administrative enforcement notices) issued to the applicant in respect of a contravention of section 24F(1) of the National Environmental Management Act and/or section 20(b) of the National Environmental Management Waste Act

Place an "x" in the appropriate box

 

 Description of variable

The applicant was previously convicted in terms of either or both of the abovementioned provisions.

No previous convictions have been secured against the applicant but a conviction has been secured against a firm(s) on whose board one or more of the applicant's directors sit or sat at the relevant time; or a conviction was secured against a director of the applicant in his or her personal capacity.

The applicant has not previously been convicted in terms of either or both of the abovementioned provisions.

Explanation of all previous convictions in respect of the above:

 

 

Index Number of section 24G applications previously submitted by the applicant

 Place an "x" in the appropriate box

 

 Description of variable

Previous applications in terms of section 24G of NEMA were submitted by the applicant.

No previous applications have been submitted by the applicant but a previous application(s) have been submitted by a firm(s) on whose board one or more of the applicant's directors sit or sat at the relevant time.

No previous applications have been submitted by the applicant but the applicant sat on the board of a firm that previously submitted an application.

Explanation in respect of all previous applications submitted in terms of section 24G:

 

 

 

PART 3 : APPLICANT'S PERSONAL CIRCUMSTANCES

 

 

Index  Applicant's legal persona

Place an "x" in the appropriate box

 

 Description of variable

The applicant is a natural person.

The applicant is a firm.

Describe the firm:

Index    Any other relevant information that the applicant would like to be considered.

Motivate and explain fully:

 

 

NOTE: An explanation as to why the applicant did not obtain an environmental authorisation and/or waste management licence must be attached to this application.