Criminal Convictions And Fines For Environmental Offences

The largest criminal penalty imposed for environmental offences in South Africa to date was recently handed down by a South African court. The conviction is also a marked shift away from administrative penalties that the Department of Environmental Affairs usually imposes for breaches of environmental legislation.

On 17 October 2012 the Ermelo Regional Court in Mpumalanga (the court) convicted Golfview Mining (Pty) Ltd (Golfview) of various contraventions of the National Environmental Management Act, No. 107 of 1998 and the National Water Act, No. 36 of 1998 and imposed a fine of ZAR 4 million.

Golfview's offences included:

• illegally mining in a wetland;
• the diversion of water resources;