Cape Town — The National Assembly yesterday adopted legislation which will significantly strengthen the enforcement of environmental laws by increasing penalties.

The National Environment Laws Amendment Bill increases the maximum fine for contravention of some environmental measures to R10m and also introduces the concept of anticipatory costs, which drew strong criticism during public hearings.

Environmental Affairs and Tourism Minister Marthinus van Schalkwyk said in his speech that it had become evident that while prison sentences in environmental legislation were comparable with what was found internationally, the fines were too low.

"The amendment seeks to limit the cost to the state by giving magistrates' courts jurisdiction over environmental offences and the penalties provided for in the acts," the minister said.

Democratic Alliance environmental affairs spokesman Gareth Morgan welcomed the increase in penalties, saying it was "common cause that higher penalties will act as a greater deterrent for individuals or entities that consider perpetrating environmental crimes".

He also welcomed Parliament's amendments to the initially open-ended clause on anticipatory costs which would now be limited to " costs for reasonable remedial measures to be undertaken".

The costs would be those borne by the authorities to undertake remedial work when there was a failure to comply with a directive to clean up pollution.

The bill once enacted will also see the dissolution of the four-year-old national environmental advisory forum and the committee for environmental co-ordination.

"There is a need for less prescriptive and flexible ad hoc advisory committees that are less costly, providing better value for money and substantially reducing the administrative burden," Van Schalkwyk said.

The bill also clarified the retrospective application of the National Environment Management Act, after a court found that it did not apply to pollution caused before 1999 when the act took effect.