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South Africa
NATIONAL LEGISLATION OVERVIEWS
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National Environmental Management Act, No. 107 of 1998

Long title


To provide for co-operative environmental governance by establishing principles for decision-making on matters affecting the environment, institutions that will promote cooperative governance and procedures for co-ordinating environmental functions exercised by organs of state; to provide for certain aspects of the administration and enforcement of other environmental management laws; to provide for the prohibition, restriction or control of activities which are likely to have a detrimental effect on the environment; and to provide for matters connected therewith.

Table of contents

SECTION TITLE

PREAMBLE

ARRANGEMENT OF SECTIONS
1. Definitions

CHAPTER 1. NATIONAL ENVIRONMENTAL MANAGEMENT PRINCIPLES
2. Principles

CHAPTER 2. INSTITUTIONS

Part 1... [...Part repealed by Act 2009_014_005_20090527 - was entitled "National Environmental Advisory Forum" and consisted of Act 1998_107_003, 004, 005 and 006]
3. ... [...repealed by Act 2009_014_005_20090527 - was entitled "Establishment, objects and functions of National Environmental Advisory Forum"]
3A. Establishment of fora or advisory committees [...inserted by Act 2009_014_006_20090527]
4. ... [...repealed by Act 2009_014_005_20090527 - was entitled "Composition"]
5. ... [...repealed by Act 2009_014_005_20090527 - was entitled "Conditions of appointment to Forum"]
6. ... [...repealed by Act 2009_014_005_20090527 - was entitled "Functioning of Forum"]

Part 2...  [...Part repealed by Act 2009_014_005_20090527 - was entitled "Committee for Environmental Coordination" and consisted of Act 1998_107_007, 008, 009 and 010]
7. ... [...repealed by Act 2009_014_005_20090527 - was entitled "Establishment, objects and functions of Committee"]
8. ... [...repealed by Act 2009_014_005_20090527 - was entitled "Composition of Committee"]
9. ... [...repealed by Act 2009_014_005_20090527 - was entitled "Meetings of Committee, subcommittees and working groups"]
10. ... [...repealed by Act 2009_014_005_20090527 - was entitled "Report of Committee"]

CHAPTER 3. PROCEDURES FOR COOPERATIVE GOVERNANCE
11. Environmental implementation plans and management plans
12. Purpose and objects of environmental implementation plans and environmental management plans
13. Content of environmental implementation plans
14. Content of environmental management plans
15. Submission, scrutiny and adoption of environmental implementation plans and environmental management plans
16. Compliance with environmental implementation plans and environmental management plans
16A. Environmental outlook report [...inserted by Act 2013_030_003_20131218]

CHAPTER 4. FAIR DECISION MAKING AND CONFLICT MANAGEMENT
17. Reference to conciliation
18. Conciliation
19. Arbitration
20. Investigation
21. Appointment of panel and remuneration
22. Relevant considerations, report and designated officer

CHAPTER 5. INTEGRATED ENVIRONMENTAL MANAGEMENT
23. General objectives
23A.  Environmental outlook report [...inserted by Act 2013_030_004_20131218]
24. Environmental authorisations [...Title amended by Act 2004_008_002_20040714 - was entitled “Implementation”]
24A. Procedure for listing activity or area [...inserted by Act 2004_008_003_20040714]
24B. Procedure for delisting of activities or areas [...inserted by Act 2004_008_003_20040714]
24C. Procedure for identifying competent authority [...inserted by Act 2004_008_003_20040714] [...Title amended by Act 2008_062_003_20090109 Sch - was entitled "Procedure for identifying the competent authority] 
24D. Publication of list [...inserted by Act 2004_008_003_20040714]
24E. Minimum conditions attached to environmental authorisations [...inserted by Act 2004_008_003_20040714]
24F. Prohibitions relating to commencement or continuation of listed activity [...inserted by Act 2004_008_003_20040714[...Title amended by Act 2013_030_008_20131218 - was entitled "Offences relating to commencement or continuation of listed activity"]
24G. Consequences of unlawful commencement of activity
[...inserted by Act 2004_008_003
_20040714]
[...Title amended by Act 2008_062_006_20090109 - was entitled "Rectification of unlawful commencement or continuation of listed activity"]

[...Title amended by Act 2013_030_009_20131218 - was entitled "Rectification of unlawful commencement of activity"] 
24H. Registration authorities [...inserted by Act 2004_008_003_20040714]
24I. Appointment of external specialist to review assessment [...inserted by Act 2004_008_003_20040714]
24J. Implementation guidelines [...inserted by Act 2004_008_003_20040714]
24K. Consultation between competent authorities and consideration of legislative compliance requirements of other organs of state having jurisdiction [...inserted by Act 2008_062_008_20090109]
24L. Alignment of environmental authorisations [...inserted by Act 2008_062_008_20090109]
24M. Exemptions from application of certain provisions [...inserted by Act 2008_062_008_20090109]
24N. Environmental management programme [...inserted by Act 2008_062_008_20090109]
24O. Criteria to be taken into account by competent authorities when considering applications [...inserted by Act 2008_062_008_20090109]
24P. Financial provision for remediation of environmental damage [...inserted by Act 2008_062_008_20090109
24PA. Financial provision for mining  [... inserted  by Act 2022_002_009_20220624]
24Q. Monitoring and performance assessment [...inserted by Act 2008_062_008_20090109]
24R. Mine closure on environmental authorisation [...inserted by Act 2008_062_008_20090109]
24S. ... [...inserted by Act 2014_025_009_20140602] [...repealed by Act 2008_062_011_20090109 - was entitled "Management of residue stockpiles and residue deposits"]

CHAPTER 6. INTERNATIONAL OBLIGATIONS AND AGREEMENTS
25. Incorporation of international environmental instruments
26. Reports
27. Application

CHAPTER 7. COMPLIANCE AND ENFORCEMENT

Part 1. Environmental hazards, access to information and protection of whistleblowers [...Title amended by Act 2003_046_002_20040213 - was entitled “Environmental hazards”]
28. Duty of care and remediation of environmental damage
29. Protection of workers refusing to do environmentally hazardous work
30. Control of incidents [...Title amended by Act 2013_030_013_20131218 - was entitled "Control of emergency incidents"] 
30A. Emergency situations [...inserted by Act 2013_030_014_20131218

[...Part 2 subheading deleted by Act 2003_046_003_20040213 - was entitled “Part 2. Information, enforcement and compliance”]
31. Access to environmental information and protection of whistleblowers

[ Part 2. Application and enforcement of Act and ] any [ specific environmental management ] [ [ Acts ] ] Act [...Title deleted by Act 2003_046_004_20040213 2003_046_003_20040213 wef 2005/05/01 ito GG20050429_27539 - was entitled “Information, enforcement and compliance"]  [...Title inserted by Act 2009_014_015_20090527]**
31A. Application [...inserted by Act 2003_046_004_20040213]
31BA. Designation of environmental management inspectors by Minister responsible for water affairs [...inserted by Act 2008_044_004_20081205]  [...Title amended by Act 2013_030_026(a)_20131218 - was entitled "Designation of environmental management inspectors by Minister of Water Affairs and Forestry"]
31BB.  Designation of environmental mineral and petroleum inspectors by Minister responsible for mineral resources [...inserted by Act 2014_025_011_20140602]  [...Title amended by Act 2022_002_015_20220624  - was entitled "Designation of environmental mineral resource inspectors by Minister responsible for mineral resources"]
31B. Designation of environmental management inspectors by Minister [...inserted by Act 2003_046_004_20040213]
31C. Designation of environmental management inspectors by MEC [...inserted by Act 2003_046_004_20040213]
31D. Mandates [...inserted by Act 2003_046_004_20040213]
31E. Prescribed standards [...inserted by Act 2003_046_004_20040213]
31F. Proof of designation [...inserted by Act 2003_046_004_20040213
31G. Functions of inspectors [...inserted by Act 2003_046_004_20040213]
31H. General powers [...inserted by Act 2003_046_004_20040213]
31I. Seizure of items [...inserted by Act 2003_046_004_20040213]
31J. Powers to stop, enter and search vehicles, vessels and aircraft [...inserted by Act 2003_046_004_20040213]
31K. Routine inspections [...inserted by Act 2003_046_004_20040213]
31L. Power to issue compliance notices [...inserted by Act 2003_046_004_20040213]
31M. Objections to compliance notice [...inserted by Act 2003_046_004_20040213]
31N. Failure to comply with compliance notice [...inserted by Act 2003_046_004_20040213]
31O. Powers of South African Police Service members [...inserted by Act 2003_046_004_20040213]
31P. Duty to produce documents [...inserted by Act 2003_046_004_20040213]
31Q. Confidentiality [...inserted by Act 2003_046_004_20040213]

Part 3. Judicial matters [...inserted by Act 2003_046_005_20040213]
32. Legal standing to enforce environmental laws
33. Private prosecution
34. Criminal proceedings
34A. ... [...inserted by Act 2003_046_007_20040213] [...repealed by Act 2013_030_018_20131218 - was entitled "Offences relating to environmental management inspectors"]
34B. Award of part of fine recovered to informant [...inserted by Act 2003_046_007_20040213]
34C. Cancellation of permits [...inserted by Act 2003_046_007_20040213]
34D. Forfeiture of items [...inserted by Act 2003_046_007_20040213]
34E. Treatment of seized live specimens [...inserted by Act 2003_046_007_20040213]
34F. Security for release of vehicles, vessels or aircraft [...inserted by Act 2003_046_007_20040213]
34G. Admission of guilt fines [...inserted by Act 2003_046_007_20040213]
34H. Jurisdiction [...inserted by Act 2009_014_024_20090527]** 

CHAPTER 8. ENVIRONMENTAL MANAGEMENT COOPERATION AGREEMENTS
35. Conclusion of agreements

CHAPTER 9. ADMINISTRATION OF ACT AND SPECIFIC ENVIRONMENTAL MANAGEMENT ACTS [...Title amended by Act 2003_046_007_20040213 - was entitled "Administration of Act"]
36. Expropriation
37. Reservation
38. Intervention in litigation
39. Agreements
39A. Prohibition of certain products [...inserted by Act 2013_030_020_20131218]
40. Appointment of employees on contract
41. Assignment of powers
42. Delegation of powers and duties by Minister and Director-General [...Title amended by Act _ - was entitled “Delegation”]
42A. Delegation of powers by MEC [...inserted by Act 2003_046_010_20040213]
42B. Delegation by Minister responsible for mineral resources [...inserted by Act 2008_062_009_20090109]**  [... repealed by Act 2008_062_013_20090109]** [NOTE: Purportedly amended by Act 2022_002_033_20220624 in disregard to its repeal]**  
42C. Delegation of powers and duties by the Minister responsible for water affairs [...inserted by Act 2022_002_034_20220624]
42D.Delegation of powers and duties by municipal manager [...inserted by Act 2022_002_034_20220624]
43. Appeals [...Title amended by Act _ - was entitled “Appeal to Minister”]
44. Regulations in general
45. Regulations for management cooperation agreements
46. Model environmental management bylaws
47. Procedure for making regulations
47A. Regulations, legal documents and steps valid under certain circumstances [...inserted by Act 2003_046_011_20040213]
47B. Consultation [...inserted by Act 2003_046_011_20040213]
47C. Extension of time periods [...inserted by Act 2003_046_011_20040213]
47CA.  Extension of time periods applicable to appeals relating to prospecting, exploration, mining or production [...inserted by Act 2014_025_016_20140602]
47CB.  Condonation of time periods applicable to appeals relating to prospecting, exploration, mining or production [...inserted by Act 2014_025_016_20140602]
47D. Delivery of documents [...inserted by Act 2003_046_011_20040213]

CHAPTER 10. GENERAL AND TRANSITIONAL PROVISIONS
48. ... [...repealed by Act 2013_030_024_20131218 - was entitled "State bound"]
49. Limitation of liability
49A. Offences [...inserted by Act 2013_030_025_20131218]
49B. Penalties [...inserted by Act 2013_030_025_20131218]
50. Repeal of laws
50A.  Future amendments in respect of environmental matters in so far as it relates to the Agreement [...inserted by Act 2014_025_017_20140602]
51. Savings
52. Short title
53. Commencement
Sch. 1. SCHEDULE 1. (SECTION 11(1)) [s11]
Sch. 2. SCHEDULE 2. (SECTION 11(2)) [s11]
Sch. 3. SCHEDULE 3. (SECTION 34) [s34]

Part (a). National Legislation

Part (b). Provincial Legislation

Legislation Text Access Point

Versions
[To check whether a version has commenced, and how it was commenced, please see the Timeline for the Act, and the Annotated Text for the version.]
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As unamended Act 1998_107_000_19981127 EXT.LINK REQ.INFO LINK
As amended by Act 2002_028_000_20021010 .  N/A REQ.INFO LINK
As amended by Act 2002_056_000_20030115 .  N/A REQ.INFO LINK
As amended by Act 2003_046_000_20040213 .  N/A REQ.INFO LINK
As amended by Act 2004_008_000_20040714 .  N/A REQ.INFO LINK
As amended by Act 2004_039_000_20050224 .  N/A REQ.INFO LINK
As amended by Act 2008_044_000_20081205 .  N/A REQ.INFO LINK
As amended by Act 2008_062_000_20090109 .  N/A REQ.INFO LINK
As amended by Act 2008_062_013_20090109 Sch .
(NOTE 2008_062_000_20090109 amended its own amendments iro Act 1998_107_000 thus effectively creating 2 versions of Act 1998_107_000. See Commentary]
N/A REQ.INFO LINK
As amended by Act 2009_014_000_20090527** .  N/A REQ.INFO LINK
As provided by Act 1998_107_034-Not-v20120906_35665_0000_0731 .  N/A REQ.INFO LINK
As amended by Act 2013_030_000_20131218 .  N/A REQ.INFO LINK
As provided by Act 1998_107_011-Not-v20140228_37401_0584_0152 .  N/A REQ.INFO LINK
As amended by Act 2014_025_000_20140602 .  N/A REQ.INFO LINK
As amended by Act 2022_002_000_20220624 . N/A REQ.INFO LINK
As amended by ...N/A REQ.INFO LINK

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