Uzani Environmental Advocacy CC v BP Southern Africa (Pty) Ltd (Sentence) (CC 82/2017)
Uzani Environmental Advocacy CC v BP Southern Africa (Pty) Ltd (Sentence) (CC 82/2017) [2024] ZAGPPHC 1387 (6 September 2024)
The court found that BP Southern Africa (Pty) Ltd was guilty of contravening section 22(1) read with section 29(4) of the Environmental Conservation Act by constructing filling stations without the required environmental authorisation. The offences triggered liability under section 34(3) of NEMA for counts 12 to 21, as environmental degradation was established at Rabie Ridge and inadequate authorisation and disclosure were proven for other sites. The court exercised its discretion to impose a fine equal to the financial advantage gained by BP during the period of unauthorised operation, calcu…
Source excerpt
- Environmental Authorisation
- Failure To Obtain Authorisation
- Disgorgement Of Profits
- Assessment Of Advantage Gained
- Environmental Degradation
- Sentencing Principles