WHEN MINES BREAK ENVIRONMENTAL LAWS: HOW TO USE CRIMINAL PROSECUTION TO ENFORCE ENVIRONMENTAL RIGHTS

This guide, published by the Centre for Environmental Rights in January 2013, provides detailed schedules of criminal offences and their corresponding penalties under various South African laws applicable to the mining sector. It serves as a reference for enforcing environmental rights by outlining the legal consequences for violating acts related to mineral resources, environmental management, water use, air quality, protected areas, biodiversity, waste, and mine health and safety.

• The Minerals and Petroleum Resources Development Act (MPRDA) 28 of 2002 establishes various offences related to mining operations. For example, failing to manage environmental impacts according to an approved plan can lead to a fine of up to R500,000 or imprisonment for up to ten years. Other violations, such as prospecting without an approved environmental management programme or failing to keep proper records, carry penalties of up to R100,000 or two years' imprisonment.
• The National Environmental Management Act (NEMA) 107 of 1998 acts as an 'umbrella' Act for environmental management in South Africa. Severe penalties are prescribed for commencing listed activities without environmental authorisation or failing to comply with an approved environmental management programme, with maximum penalties reaching a fine of R5 million or ten years' imprisonment.
• Under the National Water Act 36 of 1998, polluting or detrimentally affecting a water resource is a criminal offence. First-time convictions for various water-related offences can result in a fine of up to R100,000 or five years' imprisonment, while second or subsequent convictions can increase the fine to R200,000 and imprisonment to ten years.
• The National Environmental Management: Air Quality Act 39 of 2004 penalizes conducting listed activities without an atmospheric emission licence. First convictions may result in a fine of up to R5 million or five years' imprisonment, while subsequent convictions can lead to a fine of R10 million or ten years' imprisonment.
• The National Environmental Management: Protected Areas Act 57 of 2003 prohibits commercial prospecting or mining in special nature reserves, national parks, or nature reserves without specific written permission. Violations can lead to a fine of R5 million or five years' imprisonment for a first conviction, increasing to R10 million or ten years for subsequent convictions.
• The National Environmental Management: Biodiversity Act 10 of 2004 regulates restricted activities involving threatened, protected, or alien species. Convictions can result in a fine of up to R200,000 or ten years' imprisonment; however, for offences involving listed threatened or protected species, the fine may be increased to three times the commercial value of the specimen.
• The Waste Act requires authorisation for waste management activities that may have a detrimental effect on the environment. Failure to obtain this authorisation is a criminal offence with a maximum penalty of R10 million or ten years' imprisonment.
• The Mine Health and Safety Act 29 of 1996 imposes duties on employers to ensure employee safety and maintain a healthy mine environment. Failure to meet these obligations can result in fines up to R1,000,000 or five years' imprisonment. In cases where non-compliance causes death or serious injury, penalties can include a fine of R3 million or five years' imprisonment, or the withdrawal/suspension of a permit.

APA

Centre for Environmental Rights (2013). WHEN MINES BREAK ENVIRONMENTAL LAWS: HOW TO USE CRIMINAL PROSECUTION TO ENFORCE ENVIRONMENTAL RIGHTS. https://cer.org.za/wp-content/uploads/2013/02/Schedules-to-When-Mines-Break-Environmental-Laws-Offences-and-Penalties-Jan-2013.pdf?x21779

Chicago

Centre for Environmental Rights. WHEN MINES BREAK ENVIRONMENTAL LAWS: HOW TO USE CRIMINAL PROSECUTION TO ENFORCE ENVIRONMENTAL RIGHTS. 2013. https://cer.org.za/wp-content/uploads/2013/02/Schedules-to-When-Mines-Break-Environmental-Laws-Offences-and-Penalties-Jan-2013.pdf?x21779.

Wikipedia

{{cite report |author=Centre for Environmental Rights |title=WHEN MINES BREAK ENVIRONMENTAL LAWS: HOW TO USE CRIMINAL PROSECUTION TO ENFORCE ENVIRONMENTAL RIGHTS |date=January 2013 |url=https://cer.org.za/wp-content/uploads/2013/02/Schedules-to-When-Mines-Break-Environmental-Laws-Offences-and-Penalties-Jan-2013.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centreforenvironmentalrights2013when, author = {{Centre for Environmental Rights}}, title = {{WHEN MINES BREAK ENVIRONMENTAL LAWS: HOW TO USE CRIMINAL PROSECUTION TO ENFORCE ENVIRONMENTAL RIGHTS}}, institution = {Centre for Environmental Rights}, year = {2013}, month = jan, url = {https://cer.org.za/wp-content/uploads/2013/02/Schedules-to-When-Mines-Break-Environmental-Laws-Offences-and-Penalties-Jan-2013.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }