| Tough Green Laws Tabled |
| Monday, 24 May 2010 20:51 |
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Source: www.businessday.co.za Linda Ensor Cape Town The government has proposed a range of measures such as tougher fines, wider powers of inspectors and the right to expropriate privately held servitudes in a bid to enforce sound environmental practices. The proposals are contained in the draft National Environment Laws Amendment Bill tabled in Parliament yesterday which proposes amendments to a range of environmental laws. Fines for contravening the Environment Conservation Act have soared from a fine not exceeding R100 000 to a maximum of R5 million. Violating some provisions of the National Environmental Management Air Quality Act and Biodiversity Act will carry a maximum fine of R10m or imprisonment for up to 10 years. Proposed amendments to the National Environmental Management Act will entitle the director- general or provincial head of department to seek a court order to recover all costs arising from the failure to comply with an environmental directive. In the past, the government had to bear the cost of remedial measures for environmental damage caused by others . It will also become an offence to "unlawfully and intentionally or negligently commit any act or omission which causes or is likely to cause pollution or degradation of the environment" or which will detrimentally affect it. The maximum penalty for this offence will be a fine of R10m, imprisonment for 10 years or both. A further amendment to this act will allow a court to order the award of damages or compensation or a fine equal to the monetary value gained, or likely to be gained, by an offender as a result of a contravention. A proposed amendment to the National Environmental Management Protected Areas Act will allow the minister or MEC to expropriate a servitude or privately held right to state land under the Expropriation Act if no agreement can be reached with the owner. New measures to control genetically modified organisms are also proposed in amendments to the Biodiversity Act. The minister may order an environmental impact assessment if the release of such an organism may pose a threat to indigenous species or the environment before issuing a permit. Source: www.businessday.co.za |
