What is my section 24G fine exposure if I started without authorisation?
Section 24G of NEMA lets you apply to rectify an activity started without environmental authorisation. The competent authority may impose an administrative fine of up to R10 million. In practice fines are scaled to the scale of the activity, the environmental harm caused, and whether you disclosed voluntarily or were caught by an inspection.
How did the unlawful activity come to light?
Voluntary disclosure is the single strongest factor in reducing a fine.
How this is decided in law
Section 24F of the National Environmental Management Act 107 of 1998 makes it an offence to commence a listed activity without environmental authorisation. Section 24G provides the way back: an application to the competent authority to rectify the unlawful commencement, which the authority may grant subject to an administrative fine.
The maximum administrative fine under section 24G is R10 million. In practice the authority scales the fine to the facts. The factors that consistently matter are the scale and capital value of what was built, the duration of the unlawful activity, whether it has stopped, the demonstrable environmental harm, and whether you disclosed voluntarily or were found by an inspection.
The fine is not the end of the exposure. Section 49A creates criminal offences with penalties up to R10 million or ten years imprisonment, and directors can be held personally liable. A section 28 duty of care directive can be issued in parallel and carries its own short deadlines.
Continuing the activity after you know it is unlawful is the most expensive mistake available. Cease first, record the cessation in writing with a date, and only then start assembling the application. Authorities read a documented immediate stop as good faith and price it accordingly.
A section 24G application is substantively an environmental impact assessment done after the fact. It requires an environmental audit report describing what has been done, an impact assessment of what remains, public participation, and a rehabilitation plan. A credible costed rehabilitation commitment is the single most effective way to reduce a fine.
Where the unlawful activity also touches water or waste, parallel authorisations are usually needed — a water use licence under the National Water Act or a waste management licence under NEMWA. Running them as one coordinated set of studies is far cheaper than treating them as three separate projects.
Property transactions are where historical section 24F breaches surface. A buyer inheriting unrectified unlawful activity inherits the exposure, so rectification status belongs in the due diligence and in the conditions precedent, not in the warranties.
Our section 24G fees are fixed and agreed in writing before work starts, with government application fees included. The administrative fine itself is imposed by the authority and cannot be included in any fee — anyone who tells you they can guarantee its amount is guessing.
| Profile | Indicative fine band | Timeline | Our fixed fee |
|---|---|---|---|
| Small activity, under 6 months, voluntary disclosure, no harm | R50,000 – R400,000 | 8 – 14 months | R95,000 – R180,000 |
| Medium activity, 6 – 24 months, limited harm | R400,000 – R1.2 million | 10 – 18 months | R150,000 – R280,000 |
| Medium activity with wetland or watercourse impact | R1 million – R2.5 million | 12 – 20 months | R180,000 – R320,000 |
| Large activity, over 2 years, demonstrable harm | R2 million – R6 million | 14 – 24 months | R250,000 – R450,000 |
| Found by inspection, activity still continuing | Upper band plus directive risk | 14 – 24 months | Quoted on facts |
| Directive or criminal referral already issued | Case specific | Directive deadlines in days | Quoted on facts |
The process, step by step
- 1Cease and record
Stop the activity immediately and document the cessation with dates and photographs. This is the first thing the authority looks for.
- 2Urgent legal review
We confirm which listed activities were triggered, the extent of the breach, and whether a directive or criminal risk needs a separate response.
- 3Environmental audit report
An independent audit records what has been done on site and its impacts, which forms the factual basis of the application.
- 4Impact assessment and rehabilitation plan
Specialist studies and a costed rehabilitation programme. This is where fine reduction is actually earned.
- 5Application and fine representations
We lodge the section 24G application, run public participation, and make written representations on the administrative fine.
- 6Decision and compliance
The authority decides on rectification and the fine. We convert the conditions into a monitoring and reporting schedule you can actually follow.
Questions people ask
What is the maximum section 24G fine?
R10 million. In practice fines are scaled to the size of the activity, the duration, the harm and whether you disclosed voluntarily, and most matters we see resolve well below the maximum.
Can section 24G make my project legal?
Yes, that is its purpose. A successful application results in environmental authorisation for the activity, letting you complete and operate it lawfully. The authority can also refuse, which is why the application has to be properly built.
Should I stop the activity before applying?
Yes, immediately, and record the date in writing. Continuing after you know the activity is unlawful is the factor that pushes fines into higher bands and increases directive risk.
How long does section 24G take?
Eight to fourteen months for a straightforward matter and fourteen to twenty-four months where specialist studies and rehabilitation planning are extensive.
Can directors be held personally liable?
Yes. Section 49A creates criminal offences, and directors and managers can face personal liability where they knowingly permitted the activity. That is a reason to act early rather than wait.
Will voluntary disclosure reduce my fine?
It consistently helps. Disclosure before an inspection, with the activity stopped and a rehabilitation plan in hand, is treated very differently from a breach found by the Green Scorpions.
What if the previous owner started the activity?
The exposure generally attaches to the land and the current operator. Rectification status should be verified during due diligence and dealt with as a condition precedent rather than left to warranties.
Do I need a water use licence as well?
Often, where the activity affects a watercourse or wetland, and a waste management licence where waste is involved. We scope these together so the specialist studies serve all the applications.
Can you guarantee the fine amount?
No, and nobody can. The fine is imposed by the competent authority. What we control is the quality of the application, the rehabilitation case and the representations, which is what actually moves the number.
Registration 2016/074955/07. Registered with the Department of Water and Sanitation (DWS) and an applicant for EAPASA registration. Regulatory and licensing advisory across South Africa — Pretoria offices, serving Gauteng, the Western Cape and all other provinces. 087 153 6207 · support@dlegal.co.za
This page is general information on the applicable legislation, not legal advice on your specific facts. Fee ranges are indicative; your fixed fee is agreed in writing before any work starts.