Section 24G Rectification — questions
Section 24G frequently asked questions
Most questions about section 24G concern how big the fine could be and whether it removes criminal liability. Below are direct answers based on section 24G of the National Environmental Management Act 107 of 1998.
What is the maximum fine under section 24G?
The administrative fine can be up to R10 million, set out in section 24G(3) of NEMA, calculated with reference to the harm caused and the applicant's conduct.
Does a section 24G application avoid criminal prosecution?
No. Commencing a listed activity without authorisation is also an offence under section 24F, and a section 24G application deals only with the administrative consequence, not any criminal charge.
How long does a section 24G application take?
A straightforward matter typically takes four to eight months. Applications involving an active directive or a sensitive environment can take twelve months or more.
What triggers a section 24G application?
Starting or continuing a listed activity identified under the EIA Regulations without first obtaining environmental authorisation triggers the need for a section 24G rectification application.
Can the authority refuse a section 24G application?
Yes. The authority can refuse the application, in which case the underlying contravention remains unresolved and further enforcement action, including a directive, can follow.
What is a section 28 directive?
It is a compliance notice under section 28 of NEMA requiring a person to stop causing harm and to take remedial measures, and it can be issued independently of, or alongside, a section 24G matter.
Does buying a property with an unauthorised activity transfer the liability?
Liability for the contravention can attach to a subsequent owner in certain circumstances, so this should always be checked before transfer through proper due diligence.
What does the compliance statement need to cover?
It must address the factors the Regulations require the authority to consider in setting the fine, including financial benefit gained, cooperation shown, and the extent of harm caused.
Is the fine paid before or after the decision?
The fine is only payable once the authority has issued its decision confirming the amount, following consideration of the application and compliance statement.
Related pages
Last reviewed: 2026-09-17
Written and reviewed by Dynamic Legal Services (Pty) Ltd, registration 2016/074955/07. Registered with the Department of Water and Sanitation, EAPASA applicant. Offices in Faerie Glen, Pretoria and Sandown, Sandton. Telephone 087 153 6207, support@dlegal.co.za. General information on South African regulatory practice, not advice on a specific matter — the first consultation is free.