Enabling the Incorporation of Administrative Penalties into the National Water Act

Abstract

The Water Research Commission appointed Exigent Engineering Consultants, in association with Janice Tooley Attorneys and Prime Africa, to conduct research and develop calculation methodology for the quantum of administrative penalties to be imposed for various offences in terms of the National Water Act , 1998 and subordinate legislation once the National Environmental Management (Administrative Penalties) Amendment Act has been promulgated. The implementation of an administrative penalty system needs to be understood, unpacked and assessed in context of the broader policy and legislative framework informed primarily by the Constitution of South Africa, the Promotion of Administrative Justice Act, 2000, the National Water Act, the National Environmental Management Act , 1998, the Policy on the Introduction of an Administrative Penalty System into National Environmental Legislation and the National Environmental Management (Administrative Penalties ) Amendment Bill, 2023 (currently also in draft form).

Categories