Section 86, 62 of the Environmental Protection Act, 2008, the Board hereby makes

(1) The Executive Chairman or Authorised Officer shallnotify the environmental licence holder in writing of the infringement and the related penalty. (2) The environmental licence holder shall pay the penalty within 30 days of the notification referred to in sub-regulation (1) and where the environmental licence holder fails to pay the penalty within 30 days the Executive Chairman or Authorised Officer may apply to the High court for an order to enforce the penalty. (3) An environmental licence holder who disputes any penalty imposed by the Executive Chairman or Authorised Officer shall be resolved, in the first instance, by arbitration. (4) An internationally accredited negotiator or mediator with experience in mining related grievances shall be jointly appointed by the environmental licence holder and the Executive Chairman or Authorised Officer as an arbitrator. (5) The costs of the arbitration shall be paid by the environmental licence holder. (6) Either party may appeal to the High Court against the decision of the arbitrator appointed under sub-regulation (4) within 10 days of receipt of the arbitral decision. (7) The losing party shall pay all costs and fees associated with the appeal. (8) The decision of the High Court shall be final and binding.