Base de Datos de Legislación

CHAPTER 9
OFFENCES AND PENALTIES

101. Offences
(1) A person is guilty of an offence if that person contravenes or fails to comply with a provision of-
(a) section 57(1), 57(1A), 65(1), 67(2), 71(1), 81(1) or 81A(1);
(b) a notice published in terms of section 52(2); or
(c) a directive issued in terms of section 69(2) or 73(3)

(Section 101(1)(a) substituted by section 32(a) of Act 14 of 2013)

(2) A person who is the holder of a permit is guilty of an offence if that person-
(a) contravenes or fails to comply with a provision of section 69(1) or 73(1); or
(b) performs the activity for which the permit was issued otherwise than in accordance with any conditions subject to which the permit was issued;
(c) …(deleted)

(Section 101(2)(a) and (b) amended and section 101(2)(c) deleted by section 32(b) of Act 14 of 2013)

(3) A person is guilty of an offence if that person-
(a) fraudulently alters any permit;
(b) fabricates or forges any document for the purpose of passing it as a permit ;
(c) passes, uses, alters or has in his or her possession any altered or false document purporting to be a permit;
(d) knowingly makes any false statement or report for the purpose of obtaining a permit; or
(e) permits or allows any other person to do, or to omit to do, anything which is an offence in terms of subsection (1) or (2).

(Section 101(3)(c) and (d) amended and section 101(3)(e) inserted by section 32(c) of Act 14 of 2013)

102. Penalties
(1) A person convicted of an offence in terms of section 101 is liable to a fine not exceeding R10 million, or to imprisonment for a period not exceeding ten years, or to both such a fine and such imprisonment.

(2) If a person is convicted of an offence involving a specimen of a listed threatened or protected species, or an alien species or commencing the commercialisation phase of bioprospecting without a permit issued in terms of Chapter 7, a fine may be determined, either in terms of subsection (1) or equal to three times the commercial value of the specimen or activity in respect of which the offence was committed, whichever is the greater.

(Section 102(1)&(2) substituted by section 47(a), respectively, of Act 14 of 2009)
(Section 102(2) substituted by section 33(a) of Act 14 of 2013)

(2A) If a person is convicted of an offence involving a specimen of a listed invasive species, a fine may be determined, either in terms of subsection (1) or equal to the estimated cost associated with the control of the specimen in respect of which the offence was committed or both.

(Section 102(2A) inserted by section 33(b) of Act 14 of 2013)

(3) Notwithstanding anything to the contrary in any other law, a magistrate‘s court shall have jurisdiction to impose any penalty prescribed by this Act.

(Section 102(3) inserted by section 47(b) of Act 14 of 2009)