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ARTICLE · 05 NOVEMBER 2026

Proposed Environmental Penalties: What Businesses Should Know

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On 23 October 2026, the Minister of Forestry, Fisheries and the Environment published the Draft National Environmental Management Laws (Administrative Penalties) Amendment Bill, 2026 (the Draft Administrative Penalties Bill) for public comment (Government Notice 8083, Government Gazette 55620).

CanadaEnvironment
Gillian Niven
Gillian Niven
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On 23 October 2026, the Minister of Forestry, Fisheries and the Environment published the Draft National Environmental Management Laws (Administrative Penalties) Amendment Bill, 2026 (the Draft Administrative Penalties Bill) for public comment (Government Notice 8083, Government Gazette 55620).

The Draft Administrative Penalties Bill proposes fixed and variable administrative penalties as an additional enforcement tool under the National Environmental Management Act 107 of 1998 (NEMA) and the specific environmental management Acts (SEMAs).

Fixed vs variable administrative penalties

Fixed penalties may apply to breaches of licence, permit, authorisation, exemption or instrument conditions that do not cause significant pollution, environmental degradation or harm to a specimen of a species or an ecosystem.

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