COMMENTS ON THE DRAFT REGULATIONS FOR THE PROCEDURE AND CRITERIA TO BE FOLLOWED IN THE DETERMINATION OF AN ADMINISTRATIVE FINE IN TERMS OF SECTION 22A OF THE NATIONAL: ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT

The Centre for Environmental Rights (CER) submitted comments on November 9, 2015, regarding draft regulations for determining administrative fines under section 22A of the National: Environmental Management: Air Quality Act (AQA). The CER argues that the draft regulations lack consistency with other environmental fine mechanisms and fail to provide for public participation, proposing specific amendments to the fine calculation and the inclusion of aggravating factors.

• The CER argues that South Africa lacks a proper, overarching administrative penalty system for environmental governance, noting that current mechanisms like section 24G of the National Environmental Management Act (NEMA) and section 22A of the Air Quality Act (AQA) are insufficient. The CER claims the draft regulations for section 22A deviate from draft section 24G fine regulations in "notable, yet unexplained, ways," which undermines the goal of a consistent and transparent approach to fines.
• The CER identifies a risk of duplication and inconsistency when an activity requires both an environmental authorisation under NEMA and an atmospheric emission licence (AEL) under AQA. In such cases, it is currently assumed that "two parallel administrative fine processes will then be conducted," which the CER previously argued would lead to "unnecessary duplication" and the risk of "inconsistent or contrary decisions by different authorities."
• The CER criticizes the draft regulations for failing to provide for public participation in the determination of administrative fines. It asserts that excluding representations from interested and affected parties is "procedurally unfair" and a violation of the Promotion of Administrative Justice Act, 2000 (PAJA).
• The CER proposes that the criteria for determining fines be expanded to include a broader compliance history as aggravating factors. Specifically, they suggest including applicants who have received final administrative notices or directives under NEMA or AQA, those who have committed any offences under specific environmental management Acts, and those who have previously applied under section 24G of NEMA.
• The CER recommends a specific redrafting of regulation 3 to establish a minimum fine of R200,000, which would be increased by R200,000 for each year (or portion thereof) the facility operated without an AEL. Additionally, they propose an additional R1 million fine if the facility is located in a declared priority area.

APA

Centre for Environmental Rights (2015). COMMENTS ON THE DRAFT REGULATIONS FOR THE PROCEDURE AND CRITERIA TO BE FOLLOWED IN THE DETERMINATION OF AN ADMINISTRATIVE FINE IN TERMS OF SECTION 22A OF THE NATIONAL: ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT. https://cer.org.za/wp-content/uploads/2016/08/CER-submissions-on-s22A-regs-_9-Nov-2015.pdf?x21779

Chicago

Centre for Environmental Rights. COMMENTS ON THE DRAFT REGULATIONS FOR THE PROCEDURE AND CRITERIA TO BE FOLLOWED IN THE DETERMINATION OF AN ADMINISTRATIVE FINE IN TERMS OF SECTION 22A OF THE NATIONAL: ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT. 2015. https://cer.org.za/wp-content/uploads/2016/08/CER-submissions-on-s22A-regs-_9-Nov-2015.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=COMMENTS ON THE DRAFT REGULATIONS FOR THE PROCEDURE AND CRITERIA TO BE FOLLOWED IN THE DETERMINATION OF AN ADMINISTRATIVE FINE IN TERMS OF SECTION 22A OF THE NATIONAL: ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT |date=9 November 2015 |url=https://cer.org.za/wp-content/uploads/2016/08/CER-submissions-on-s22A-regs-_9-Nov-2015.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrights2015comments, author = {{Centre for Environmental Rights}}, title = {{COMMENTS ON THE DRAFT REGULATIONS FOR THE PROCEDURE AND CRITERIA TO BE FOLLOWED IN THE DETERMINATION OF AN ADMINISTRATIVE FINE IN TERMS OF SECTION 22A OF THE NATIONAL: ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT}}, publisher = {Centre for Environmental Rights}, year = {2015}, month = nov, url = {https://cer.org.za/wp-content/uploads/2016/08/CER-submissions-on-s22A-regs-_9-Nov-2015.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }