The Gauteng government is cracking down on unscrupulous developers and industrialists who pollute the environment.

The province has set up a special investigations unit - dubbed the green Scorpions - and increased fines by hefty amounts in a bid to stamp out pollution.

The National Environment Management Act - which was amended in Parliament in November last year - makes allowances for fines of up to R5-million to be imposed on defaulters. Directors of companies can also be prosecuted and businesses shut down.

The measures come amid growing concerns about the degradation of the environment through illegal dumping of industrial and medical waste, as well as by developers who tear up the landscape.

A six-month amnesty is being offered to offenders to get their house in order. But they could still be slapped with fines of up to R1-million.

Gauteng has embarked on a massive campaign to alert people to the tough new environmental laws that came into effect this year.

Khabisi Mosunkutu, MEC of Agriculture, Conservation, Environment and Land Affairs, said that he wanted "to assure those who believe that we are bluffing or imagine that their immense resources will make them immune, that not only will they be courting a long jail term of up to 10 years, but also a fine of up to R5-million. They will actually be dicing away their business opportunities."

The new Act replaces the old legislation, which only stipulated fines of up to R100 000 and did not give the department the power to gather evidence from private sites.

"This meant that the big guns paid the fine and got away with degrading the environment," said Tsheko Ratsheko, director of enforcement and compliance at the department.

Ratsheko said the new law would make it easier to prosecute offenders.

"Before, the department relied on issuing prohibitory directives [administrative actions] under the Environment Conservation Act of 1989 - which also did not have tighter regulations," he said.

Ratsheko said the new Act gives environmental inspectors authority "to investigate, collect evidence and interview witnesses to ensure that a proper criminal case can be put together."

He said the biggest problem was residential developments where, because of soaring demand, developers often "cut corners".

"The largest number of applicants or offenders will come from residential developers," he said.

In some cases, developers have gone on with constructions, including golf estates, townhouses and cluster homes, without complying with the environmental regulations.

"Some only get town planning approvals and knowingly ignore environmental regulations," said Ratsheko

"We have the names of these offenders. But we are trying to avoid naming and shaming as we want to encourage people to come forward," he added.

The "green Scorpions" - which were set up two weeks ago by the Department of Agriculture, Conservation, Environment and Land Affairs - will deal with offenders, and has its own staff of environmentalists, with lawyers from the department's Enforcement and Compliance Unit.

They will hunt down offenders who have not taken advantage of the amnesty and made sure their company complies with the new regulations.

The amnesty ends on July 7.

Ratsheko said a number of companies have already been served with notices.

Sunday Times