Businesses warned of hidden penalties in Nema

A report on the Compliance SA site notes that, for example, every business should have a working knowledge and appreciation of the recently amended Schedule 3 penalties contained in the National Environmental Management Act (Nema). In other words, the risk related to not complying with the duties in terms of a law such as the Waste Act, are compounded when one also considers the additional penalties in Schedule 3. Section 34 of Nema covers criminal proceedings and states, among other things, that anyone convicted of an offence in terms of any provision listed in Schedule 3 is, in addition to other penalties, liable to meet the cost of rehabilitating or preventing damage to the environment. 'In terms of the Act, private citizens, employers, directors, managers, agents and employees can all potentially be held liable of an environmental offence either through a direct action, or due to inaction on their part,' the report quotes Julie Methven, CEO of the institute, as saying. 'As one consequence, they can be ordered to cover the loss or damage cause by the offence, which can include covering any cost incurred by government to rehabilitate the affected area. They can also be made to pay for any costs incurred to investigate and prosecute the offence.' Full report on the Compliance SA site Nema