CHAPTER 17
OFFENCES, EVIDENCE, PENALTIES AND FORFEITURES

General offences
112. A person is guilty of an offence if that person –
(a) contravenes or fails to comply with any provision of this Act;
(b) contravenes or fails to comply with a directive issued in terms of this Act;
or
(c) permits or allows any other person to do, or to omit to do, anything which
is an offence in terms of paragraph (a) or (b); and
shall upon conviction be liable to a fine or imprisonment or to both such fine and imprisonment.

Offences relating to mountain catchment areas
113. A person is guilty of an offence if that person –
(a) damages, or without the written permission of the Environmental
Management Authority, alters any fire belt or any other works constructed in terms of Chapter 12;
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(b) contravenes or fails to comply with any provision of a fire protection plan
established in terms of section 82; or
(c) alters, moves, disturbs, wilfully damages or destroy any beacon erected in
terms of section 81(1).

Offences relating to Environmental Advisory Bodies, Environmental Compliance Officers,and other persons

114. A person is guilty of an offence if that person –
(a) hinders or interferes with an Environmental Compliance Officer or
Honorary Environmental Compliance Officer in the execution of official
duties;
(b) hinders or interferes with an Environmental Advisory Body, or a
committee of such a body, or member of such a body or committee, in the
execution of official duties;
(c) falsely professes to be an Environmental Compliance Officer, the
interpreter or assistant of such an officer or an Honorary Environmental
Compliance Officer;
(d) furnishes false or misleading information when complying with an order,
instruction or demand;
(e) has been stopped in terms of section 96(1)(c) and departs without
permission of an Environmental Compliance Officer; or
(f) fails to comply with any instruction given in terms of this Act,
and shall upon conviction be liable to a fine or imprisonment or to both such fine and
imprisonment.

Offences relating to permits, permissions, exemptions and other documents
115. (1) A person who is the holder of a permit, permission, exemption or authority in
terms of this Act is guilty of an offence if that person –
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(a) performs the act for which the permit, permission, exemption or
authority was issued otherwise than in accordance with any conditions
subject to which the permit, permission, exemption or authority was
issued; or
(b) permits or allows any other person to do, or to omit to do, anything which
is an offence in terms of paragraph (a).

(2) A person is guilty of an offence if that person –
(a) alters any permit, permission, exemption or authority issued in terms of
this Act;
(b) fabricates or forges any document for the purpose of passing it as a permit,
permission, exemption or authority issued in terms of this Act;
(c) passes, uses, alters or has in possession any altered or false document
purporting to be a permit, permission, exemption or authority issued in
terms of this Act; or
(d) makes any false statement or report, for the purpose of obtaining the
permit, permission, exemption or authority in terms of this Act.

Evidence
116. Where in criminal proceedings in terms of this Act –
(a) the question arises whether –
(i) an enclosure is of the nature contemplated in section 31(1)(f)(iv),
the mere production at those proceedings of a certificate purporting
to have been issued by or on the authority of the MEC declaring
that the enclosure is of such nature, is admissible as evidence of
that fact;
(ii) land is fenced in the manner contemplated in section 36, the mere
production at those proceedings of a certificate purporting to have
been issued by or on the authority of the MEC declaring that the
land is so fenced, is admissible as evidence of that fact;
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(iii) a particular species of fauna or flora, or a cave formation, is or
is not found on any particular land, the mere production at those
proceedings of a certificate purporting to have been issued by an
Environmental Compliance Officer, or an expert in the particular
field, that a particular species of fauna and flora, or a particular
cave formation, is or is not found on that land, is admissible as
evidence of that fact;
(iv) a particular species of fauna or flora is or is not a mutation,
crossbreed, alien colour variation, improved or genetic variation or
any genetically modified specimen, the mere production at those
proceedings of a certificate purporting to have been issued by an
Environmental Compliance Officer, or an expert in the particular
field, that a particular species of fauna and flora is or is not a
mutation, crossbreed, alien colour variation, improved or genetic
variation or any genetically modified specimen, is admissible as
evidence of that fact; and
(b) a register, record, book or document kept in terms of this Act, is produced
at those proceedings by the person in whose custody it is, any entry in that
register, record, book or document made in the exercise of any power or
the performance of any function or duty in terms of this Act, is admissible
as evidence of the facts recorded therein.

Penalties
117. (1) Any person who is convicted of an offence in terms of this Act is liable-
(a) in case of an offence referred to in-
(i) sections 28(1), 31(1)(a), 35(1), and 40(1), 41(1), 41(2), 42(1), 49,
54(1)(i) and (j), 57(1)(a) and(b), 57(2), 58, 61(2), 64(1)(a), 64
(2)(a), 69(1), 70, 76; and
(ii) section 35(3), 37, 41(1)(a) and (b), 43(1)(a) and 43(2)(a) in relation
to specially protected wild animals,
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to a fine not exceeding R250 000.00 or to imprisonment for a period not
exceeding 15 years or to both such fine and such imprisonment and to a fine not
exceeding 4 times the commercial value of the fauna, flora or cave formation in
respect of which the offence was committed.
(b) in case of an offence referred to in-
(i) section 31(1)(b),(d),(e),(f) and 31(3), 33, 34(2), 36, 38(1), 39(1)
and(3), 50, 51, 54(1)(a),(b),(c) and (e), 57(1)(c),(d), and (f) 61(1),
64(1)(b) and (iv), 64(1)(c)(iii) and (iv), 64(2),(b), 113 or 115; or
(ii) section 35(3), 41(1)(a),(b), 43(1)(a), and 43(2)(a), in relation to
protected wild animals,
to a fine not exceeding R150 000.00 or to imprisonment for a period not
exceeding 7 years or to both such fine and such imprisonment; and
(c) in case of any other offence not provided for in paragraph (a) and (b), to a
fine, or imprisonment for a period not exceeding 3 years or to both such
fine and such imprisonment.
(2) Any person convicted of an offence in terms of section 42(1), 58, 70(1)(a),
70(2)(a) and (b), 76, 89, and section 121 of the Act, and who after such conviction persists in the
act or omission which constituted such offence, shall be guilty of a continuing offence and liable
on conviction to a fine, or to imprisonment for a period not exceeding 60 days, or to both such
fine and such imprisonment in respect of every day on which he or she so persists with such act
or omission.
Forfeitures and orders of court
118. (1) A court convicting a person of an offence in terms of this Act shall-
(a) declare any wild or alien animal, invertebrate, aquatic biota, indigenous
plant, aquatic growth, endangered species, rare species, indeterminate
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specie or cave-formation in connection with which the offence was
committed;
(b) declare any weapon, net, article, device or apparatus of any nature
whatsoever, used for the purpose of or in connection with the unlawful –
(i) hunting, catching or keeping of a wild or alien animal, aquatic
biota, invertebrate, or an endangered, rare or indeterminate species;
or
(ii) picking of an indigenous plant or cave formation;
to be forfeited to the Environmental Management Authority.
(2) The court convicting any person of an offence in terms of this Act may-
(a) declare a vessel or any fishing tackle used for the purpose of or in
connection with the commission of the offence, to be forfeited to the
Environmental Management Authority;
(b) instruct the Environmental Management Authority to
destroy or otherwise to dispose of any object forfeited to it in terms of
subsection(1);
(c) cancel any or all of the permits, licences, permissions or exemptions
granted or issued to the convicted person in terms of this Act; or
(d) disqualify the convicted person for a period not exceeding 5 years, from
obtaining in terms of this Act –
(i) any specific permit, licence, permission or exemption; or
(ii) any permit, licence, permission or exemption whatsoever.
(3) A forfeiture in terms of subsection (2)(a) does not affect the rights which a person
other than the convicted person may have in the vessel or other thing concerned, if it is proved
that the other person –
(a) did not know that the vessel or other thing was used or would be used for
the purpose of or in connection with the commission of the offence; or
(b) could not prevent such use.
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(4) The MEC must deal with an object forfeited in terms of an order of the court –
(a) in accordance with the order; or
(b) in the absence of any specific instructions in the order, in a manner
determined by the MEC with the concurrence of the Member of the
Executive Council responsible for finance in the Province, except
perishable goods which must be destroyed or otherwise disposed of
expediently.

(5) A forfeited object may not be destroyed or disposed of until –
(a) any appeal against the conviction which led to the forfeiture has been
decided;
(b) any appeal against or review of the forfeiture order has been decided; or
(c) the time allowed for an appeal against the conviction has lapsed,

except for perishable goods which must be disposed of in terms of subsection (4)(b).