Criminal Liability For Non-Compliance (SO5-AC2)

Enforcement of environmental laws in South Africa was given a significant boost in 2005 with the establishment of the Environmental Management Inspectorate, popularly known as the “Green Scorpions”. In a regulatory context where the lack of cooperation between government departments is frequently blamed for all ills, the Inspectorate is a real act: its member institutions – the Department of Environmental Affairs, South African National Parks, Wetland Parks, all nine provincial environment departments, four provincial conservation agencies and even a few municipalities – all cooperate on the monitoring and enforcement of compliance with the National Environmental Management Act and its subsidiary laws covering protected areas, biodiversity, waste, air quality and coastal management.

"Non-compliance” refers to any breach of an environmental legislative obligation or permit conditions, irrespective of whether such a breach constitutes a criminal offence or not.

Offences and Penalties:

• A person commits an offence if that person contravenes or fails to comply with a provision of section 16(1) (c), (d), (e) or (f) [General Duties] and section 20 [Waste Licencing].
• A person convicted of an offence referred to in section 67(1)(a) is liable to a fine of up to R10 000 000, or imprisonment up to 10 years, or both, in addition to other penalties that may be imposed in terms of NEMA. Waste generators remain responsible for their waste (‘Cradle-to-Grave’), and must ensure that they and their service providers (waste transporters & managers) are legally compliant, and able to manage waste in an environmentally sound manner.