(1)  A person who causes serious environmental harm by polluting the environment intentionally or recklessly and with the knowledge that serious environmental harm will or might result is guilty of an offence.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 10 000 penalty units; or

(b) a natural person, a fine not exceeding 2 500 penalty units or imprisonment for a term not exceeding 4 years, or both.

(2)  A person who causes serious environmental harm by polluting the environment is guilty of an offence.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 2 500 penalty units; or

(b) a natural person, a fine not exceeding 1 200 penalty units.

(3)  If in proceedings for an offence against subsection (1) the court is not satisfied that the defendant is guilty of the offence charged but is satisfied that the defendant is guilty of an offence against subsection (2) , the court may find the defendant guilty of the latter offence.