Section 84, 62 of the Environmental Protection Act, 2008, the Board hereby makes

(1) A holder of an environmental licence who infringesany of the provisions of these Regulations commits an infringement and shall be liable, subject to Regulation 85, to a penalty specified in the Schedule of penalties. (2) In relation to categories EP3A, EP4A, EP3B and EP4B and potential benefits of non-compliance, the Environmental License Holder shall be liable to an additional penalty from the first provable day of infringement as follows: 70 71 Category of penalties. Infringement. Penalty. or cancellation of mineral rights. (a) up to 1% of the additional daily penalty for each day of the first 100 days of infringement; (b) the additional daily penalty increases by up to 1% after every 100-day period for the first 500 days of continuous infringement, so that after 100 days the additional penalty increases to 2%, after 200 days to 3%, after 300 days to 4%, after 400 days to 5%. (3) An infringement shall be deemed to be continuous until the company demonstrates compliance, unless the company provides evidence to the satisfaction of the Executive Chairman and Board that the violation was not continuous.