Proposed NEMA Section 24G Fine Regulation Amendments Published for Comment

Posted 15 May 2026 Written by Acts Online
Category Environmental Law

Brought to you by SA Legal Academy: The Department of Forestry, Fisheries and the Environment has published proposed amendments to the regulations under the National Environmental Management Act, No. 107 of 1998, regarding the determination of administrative fines for unlawful commencement of activities.

The proposed amendments aim to align the existing regulations, which have been in place since July 2017, with the statutory requirements of section 24G of the National Environmental Management Act, No. 107 of 1998 (NEMA). Section 24G governs the consequences of unlawful commencement of listed activities and the process for applying for environmental authorisation retrospectively, which includes the payment of an administrative fine.

The draft regulations seek to prescribe the precise criteria and procedure for determining an appropriate administrative fine. Once finalized and in force, these amended regulations will also apply retrospectively to all section 24G environmental authorisation applications that were submitted on or after 30 June 2023 and remain pending at the time of the publication of the final amendments.

Interested and affected parties have until 14 June 2026 to submit written representations and comments on the proposed regulatory changes to the Department of Forestry, Fisheries and the Environment.

What this means for you, your business, or your clients

  • For yourself: No direct individual compliance obligations; however, as an environmental law practitioner or compliance officer, you must familiarise yourself with the revised fine-calculation methodology to advise on pending section 24G applications.
  • For your business: If your firm has pending section 24G applications submitted on or after 30 June 2023, you must assess the potential financial impact of the new fine-determination criteria on your outstanding liabilities.
  • For your clients: You must advise clients facing section 24G rectification processes of the impending changes to fine calculations and ensure any comments on the draft regulations are submitted before the 14 June 2026 deadline.

Originally published at https://legalacademy.co.za/news/read/environmental-management-input-sought-on-fine-related-regulatory-proposals

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