| (a) | restrict or prohibit any act, either absolutely or conditionally; |
| (i) | generally to the Republic or a province, or only in a specified areas or category of areas; or |
| (ii) | generally to all persons or only to a specified category of persons; |
| (c) | differentiate between different— |
| (i) | areas or category of areas; |
| (ii) | persons or categories of persons; or |
| (iii) | types, classes or categories of waste; |
| (d) | incorporate by reference any guideline, minimum requirements, code of practice or any national or international standard relating to waste management. |
| (2) | Regulations made in terms of sections 69 and 70 may provide that any person who contravenes or fails to comply with a provision thereof, is guilty of an offence and liable on conviction to— |
| (a) | imprisonment for a period not exceeding five years; |
| (b) | a fine not exceeding five million rand, and in the case of a second or subsequent conviction, to a fine not exceeding R10 million or imprisonment for a period not exceeding 10 years or in both instances to both a fine and such imprisonment; or |
| (c) | both a fine and imprisonment. |
[Section 71(2) substituted by section 78(a) of the National Environmental Management Laws Amendment Act 2022, GG46602, dated 24 June 2022: Commencement by Proclamation 125, GG48869, dated 30 June 2023
| (2A) | Regulations made in terms of sections 69 and 70 may differentiate between the penalties for the contravention of the different provisions thereof, but the maximum penalty may not exceed a penalty |
[Section 71(2A) inserted by section 78(b) of the National Environmental Management Laws Amendment Act 2022, GG46602, dated 24 June 2022: Commencement by Proclamation 125, GG48869, dated 30 June 2023
| (a) | Before publishing any regulation under this Act, or any amendment to the regulations, the Minister or MEC, as the case may be, must follow a consultative process in accordance with sections 72 and 73. |
| (b) | Paragraph (a) need not be complied with if the regulations are amended in a non-substantive manner. |
