Siseko Njobeni

Trade and Industry Correspondent

COMPANIES and developers who flout environmental regulations face a R5m fine or 10 years in jail, according to the amended National Environment Management Act.

Gauteng agriculture, conservation and environment MEC Khabisi Mosunkutu said yesterday the provisions were necessary to curb environmental degradation.

"Our ecosystem and our quest for a better life in a sustainable environment is under pressure because of activities of uncaring industrialists and land developers," Mosunkutu said.

The measures — which will require developers to seek permission from the relevant MEC in any province they want to work — are expected to end unauthorised construction on wetlands and destruction of ecologically sensitive land .

The amended law makes it a criminal offence for companies to commence with development without permission from government.

Other activities requiring government permission are the construction of communication networks such as towers, masks and reflector dishes; construction of above-ground cableways; the disposal of water used for industrial purposes and the construction of race tracks for cars.

Most development applications are for housing developments.

Speaking at the same press conference yesterday, head of the provincial agriculture, conservation and environment department, Steven Cornelius, said there were few problems with the low-cost housing projects carried out by the province. Private developments were a bigger problem, however.

"We have a good understanding with the housing department.

"What is worrying is the tendency of developers to buy a piece of land and develop it without the necessary authority," Cornelius said.

Companies that failed to get the necessary permission for their activities had been given a "window period" until July this year to seek the necessary permission from government.

The window period gives firms and developers the opportunity to rectify illegal commencement. In Gauteng, such activities will be rectified by applying to Mosunkutu.

Companies and developers that failed to comply with the law would be liable for an "administrative fine" of up to R1m.

Mosunkutu said the provision for an administrative fine would not be applied "rigidly".

"We shall treat each case on its merits. The aim is not to be punitive. We encourage voluntary compliance but where this is not forthcoming, we will not hesitate to make use of the harsh provisions of the law," the MEC said.

He said that lodging an application for rectification did not mean that the activity would be automatically approved.

Mosunkutu said that to assist applicants his department had set up a special unit, to be known as "the S24G unit", which had been named after section 24G of the amended law.

He said the unit would start operating tomorrow.

Mosunkutu said the various magistrate’s courts in Gauteng would set the fines for noncompliance. Despite the possibility of lengthy legal battles with developers and other companies, Mosunkutu said enforcement of the provisions was unlikely to put pressure on the department’s resources.

"We do not see ourselves going to court all the time. We hope that companies will take the initiative to comply (with the Act) voluntarily. We do not expect an avalanche of court cases," he said.