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National Environment Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008)

Chapter 10 : Enforcement

79. Offences

 

(1) A person is guilty of a category one offence if that person—
(a) discharges effluent originating from a source on land into coastal waters in contravention of section 69;
(b) incinerates at sea any waste or material in contravention of section 70;
(c) loads, imports or exports any waste or other material to be dumped or incinerated at sea in contravention of section 70;
(d) dumps any waste at sea in contravention of section 70;
(e) dumps any waste or other material at sea without a dumping permit in contravention of section 70;
(f) alters any authorisation;
(g) fabricates or forges any document for the purpose of passing it off as an authorisation;
(h) passes off, uses, alters or has in possession any altered or false document purporting to be a coastal authorisation;

[Subsection (1)(h) substituted by section 44(a) of Act No. 36 of 2014]

(i) makes any false statement or report, for the purpose of obtaining or objecting to an authorisation;
(j) reclaims land from coastal waters without authorisation of the Minister in terms of sections 7B and 7C;
(k) utilised reclaimed land in contravention of sections 7B and 7C;
(l) charges fees in contravention of section 13(3)(a) and (b);
(m) conducts an activity that is prohibited in terms of section 65(1)(a)(i);
(n) fails to comply with a verbal directive issued by the Minister of MEC in terms of section 92(1); or
(o) fails to comply with section 96(1).

[Subsection (1) substituted by section 44((b) of Act No. 36 of 2014]

 

(2) A person is guilty of a category two offence if that person—
(a) fails to comply with a repair and removal notice issued in terms of section 60;
(b) hinders or interferes with a duly authorised person exercising a power or performing a duty in terms of this Act;
(c) knowingly falsely represents that he or she is a person authorised to exercise powers in terms of this Act;
(d) constructs, maintains or extends any structure, or takes other measures on coastal public property to promote erosion or accretion of the seashore in contravention of section 15(2);
(e) fails to comply with a coastal protection notice or access notice issued in terms of section 59;
(f) conducts an activity without a coastal authorisation required in terms of this Act;
(g) fails to comply with the conditions of a coastal authorisation;
(h) fails to comply with section 95(1);
(i) allows any other person to do, or to omit to do, anything which is an offence in terms of paragraph (a), or (c) to (h);
(j) prevents access to coastal public property in contravention of section 13(1A); or
(k) contravenes any other provision of this Act which is not referred to in subsections (1) or (2).

[Subsection (2) substituted by section 44(c) of Act No. 36 of 2014]

 

(3) [Subsection (3) deleted by section 44(d) of Act No. 36 of 2014]

 

(4) [Subsection (4) deleted by section 44(d) of Act No. 36 of 2014].