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NATIONAL LEGISLATION OVERVIEWS
NATIONAL LEGISLATION OVERVIEWS
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
Legislation Text Access Point
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 [...Part repealed by Act 2009_014_005_20090527 - was entitled "National Environmental Advisory Forum" and consisted of Act 1998_107_003, 004, 005 and 006] | |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repealed by Act 2009_014_005_20090527 - was entitled "Establishment, objects and functions of National Environmental Advisory Forum"] |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repealed by Act 2009_014_005_20090527 - was entitled "Composition"] |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repealed by Act 2009_014_005_20090527 - was entitled "Conditions of appointment to Forum"] |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repealed by Act 2009_014_005_20090527 - was entitled "Functioning of Forum"] |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 [...Part repealed by Act 2009_014_005_20090527 - was entitled "Committee for Environmental Coordination" and consisted of Act 1998_107_007, 008, 009 and 010] | |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repealed by Act 2009_014_005_20090527 - was entitled "Establishment, objects and functions of Committee"] |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 Act 2024_022_000_20240723 . | N/A | REQ.INFO | LINK |
| As amended by ... | N/A | REQ.INFO | LINK |
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