Section 82, 62 of the Environmental Protection Act, 2008, the Board hereby makes

(1) Notwithstanding any penalties prescribed in the Actor the Mines and Minerals Act, any violation or infringement of the provisions of these Regulations by the holder of a Category A or B Environmental Licence shall be assessed and categorised as follows- (a) administrative infringements with no immediate environmental consequences involving the submission of reports or maintenance of records required under the Act or these regulations shall be termed category EP1A; (b) operational infringements resulting in the potential for harm to the environment or local communities shall be termed category EP2A; (c) operational infringements resulting in actual harm to the environment or local communities shall be termed category EP3A; and (d) operational infringements resulting in substantial harm to the environment or local communities, loss of life or Serious Injury or illness shall be termed category EP4A. (2) Notwithstanding any penalties prescribed in the Act or the Mines and Minerals Act, any violation or infringement of the provisions of these Regulations by the holder of a Category C or D Environmental Licence shall be assessed and categorised as follows- (a) administrative infringements with no immediate environmental consequences involving the submission of reports required under the Act or these regulations or maintenance of records shall be termed category EP1B; (b) operational infringements resulting in the potential for harm to the environment or local communities shall be termed category EP2B; (c) operational infringements resulting in substantial harm to the environment or local communities shall be termed category EP3B; and (d) operational infringements resulting in substantial harm on the environment or local communities, loss of life or Serious Injury or illness shall be termed category EP4B.