08 Sep 2022

Fines for pollution increased by 2 000% in new proposed law

by Tony Edwards, Partner, Durban, Wesley Rajbansi, Senior Associate, Durban,
Practice Area(s): Shipping & Logistics |

It has been reported in Engineering News that fines for polluting ships could increase by nearly 2 000% from ZAR 500 000 (approximately US$ 28 000) to ZAR 10 million (approximately US$ 575 000) according to proposed amendments to the Marine Pollution (Prevention of Pollution from Ships) Act.

South Africa is part of the International Convention for the Prevention of Pollution from Ships (or MARPOL).  The proposed amendments would enable some of the Convention protocols.

The stated reasoning for increasing fines from ZAR 500 000 to ZAR 10 million is to "strengthen the arm of the state" to ensure recovery of damages resulting from pollution caused by, inter alia, bunkers, chemicals and sewage disposal.

This is a developing story and we will provide updates as these become available.

Should you have any queries or require any further information, please contact Tony Edwards on edwards@wylie.co.za or Wesley Rajbansi on wesley.rajbansi@wylie.co.za