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

Chapter 10 : Enforcement

80. Penalties

 

(1) A person who is convicted of a category one offence referred to in section 79(1) may be sentenced to a fine of up to R5 000 000 or to imprisonment for a period of up to ten years, or to both such fine and imprisonment.

 

(2) A person who is convicted of a category two offence referred to in section 79(2) may be sentenced on a first conviction for that offence to a line of up to R2 000 000 or to imprisonment or community service for a period of up to five years, or to both such fine and imprisonment or community service.

 

(3) [Subsection (3) deleted by section 45 of Act No. 36 of 2014]

 

(4) A person who is convicted of a category two or three offence may be sentenced on a second or subsequent conviction for that offence as if he or she has committed a category one offence.

 

(5) A court that sentences any person—
(a) to community service for an offence in terms of this Act must impose a form of community service which benefits the coastal environment, unless it is not possible to impose such a sentence in the circumstances;
(b) for any offence in terms of this Act, may suspend, revoke or cancel a coastal authorisation granted to the offender under this Act.

 

(6) If a person is found guilty of an offence in the High Court, the penalty limitations in subsection (1), (2) and (4) do not apply a higher penalty may be imposed.

[Subsection (6) inserted by section 45 of Act No. 36 of 2014]

 

[Section 80 substituted by section 45 of Act No. 36 of 2014]