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USER GUIDE
STEP 3: DECIDE WHICH SECTIONS OF THAT LEGISLATION ARE MOST RELEVANT
DEMO: Your third step in deciding whether your company is in transgression of a legislation, is to overview the legislation you think is relevant and of interest, by reading the long title of the legislation, and by reading the section titles of that piece of legislation.
Our demonstration scenario is that you wish to find out whether your company, as an owner of land which a previous owner polluted, is in transgression of legislation for not cleaning up the pollutants on that land, that you have identified the subject category “Environment” as most relevant, and that you have identified the National Environmental Management Act, No. 107 of 1998 as the title in that category of most interest and possible relevance.
Take the third step above, of finding out more information about Act No. 107 of 1998, by reading its long title and section titles in the Overview of Act No. 107 of 1998 which we provide below. Reading these will allow you to decide whether you are on the right track, and if so which section/s of this piece of legislation are most relevant to your company. The long title, like the overview on the back of a book cover, provides an overview of the legislation and its focus. The section titles will help you decide which particular sections are most relevant to your company. (If at this stage, the long title and/or section titles clearly indicate that the Act is not relevant, you would start at STEP1 again)
For the purpose of progressing through this User Guide, we have decided that the long title of Act No. 107 of 1998 confirms it is probably relevant to your company’s hypothetical problem, and that s28 seems to be most relevant section.
Therefore, please click s28 below to go to STEP4 of this User Guide. (Note: Other sections may be relevant, but for the purpose of this User Guide, only s28 will be explored for relevance.) |
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Compliance and Transgression Products and Services, and Legislation Engrossing and General Consultancy |
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National Environmental Management Act, No. 107 of 1998 (as amended on 11 September 2005 by Act No. 39 of 2005) |
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LONG TITLE To provide for cooperative environmental governance by establishing principles for decision-making on matters affecting the environment, institutions that will promote cooperative governance and procedures for coordinating environmental functions exercised by organs of state; 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. |
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SECTION |
TITLE |
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SHORT TITLE |
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LONG TITLE |
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PREAMBLE |
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ARRANGEMENT OF SECTIONS |
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1 |
Definitions |
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CHAPTER 1. NATIONAL ENVIRONMENTAL MANAGEMENT PRINCIPLES |
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2 |
Principles |
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CHAPTER 2. INSTITUTIONS |
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Part 1. National Environmental Advisory Forum |
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3 |
Establishment, objects and functions of National Environmental Advisory Forum |
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4 |
Composition |
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5 |
Conditions of appointment to Forum |
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6 |
Functioning of Forum |
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Part 2. Committee for Environmental Coordination |
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7 |
Establishment, objects and functions of Committee |
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8 |
Composition of Committee |
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Meetings of Committee, subcommittees and working groups |
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10 |
Report of Committee |
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CHAPTER 3. PROCEDURES FOR COOPERATIVE GOVERNANCE |
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11 |
Environmental implementation plans and management plans |
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12 |
Purpose and objects of environmental implementation plans and environmental management plans |
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13 |
Content of environmental implementation plans |
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14 |
Content of environmental management plans |
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15 |
Submission, scrutiny and adoption of environmental implementation plans and environmental management plans |
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16 |
Compliance with environmental implementation plans and environmental management plans |
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CHAPTER 4. FAIR DECISIONMAKING AND CONFLICT MANAGEMENT |
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17 |
Reference to conciliation |
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18 |
Conciliation |
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19 |
Arbitration |
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20 |
Investigation |
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21 |
Appointment of panel and remuneration |
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22 |
Relevant considerations, report and designated officer |
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CHAPTER 5. INTEGRATED ENVIRONMENTAL MANAGEMENT |
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23 |
General objectives |
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24 |
Implementation |
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24A |
Procedure for listing activity or area |
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24B |
Procedure for delisting of activities or areas |
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24C |
Procedure for identifying the competent authority |
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24D |
Publication of list |
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24E |
Minimum conditions attached to environmental authorisations |
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24F |
Offences relating to commencement or continuation of listed activities |
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24G |
Rectification of unlawful commencement or continuation of listed activity |
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24H |
Registration authorities |
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24I |
Appointment of external specialist to review assessment |
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CHAPTER 6. INTERNATIONAL OBLIGATIONS AND AGREEMENTS |
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25 |
Incorporation of international environmental instruments |
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26 |
Reports |
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27 |
Application |
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CHAPTER 7. COMPLIANCE AND ENFORCEMENT |
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Part 1. Environmental hazards |
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29 |
Protection of workers refusing to do environmentally hazardous work |
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30 |
Control of emergency incidents |
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31 |
Access to environmental information and protection of whistleblowers |
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Part 2. Information, enforcement and compliance |
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31A |
Application and enforcement of Act and specific environmental management Acts applications |
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31B |
Designation of environmental management inspectors by Minister |
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31C |
Designation of environmental management inspectors by MEC |
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31D |
Mandates |
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31E |
Prescribed standards |
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31F |
Proof of designation |
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31G |
Functions of inspectors |
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31H |
General powers |
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31I |
Seizure of items |
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31J |
Powers to stop, enter and search vehicles, vessels and aircraft |
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31K |
Routine inspections |
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31L |
Power to issue compliance notices |
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31M |
Objections to compliance notice |
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31N |
Failure to comply with compliance notice |
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31O |
Powers of South African Police Service members |
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31P |
Duty to produce documents |
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31Q |
Confidentiality |
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32 |
Legal standing to enforce environmental laws |
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33 |
Private prosecution |
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34 |
Criminal proceedings |
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34A |
Offences relating to environmental management inspectors |
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34B |
Award of part of fine recovered to informant |
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34C |
Cancellation of permits |
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34D |
Forfeiture of items |
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34E |
Treatment of seized live specimens |
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34F |
Security for release of vehicles, vessels or aircraft |
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34G |
Admission of guilt fines |
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35 |
Conclusion of agreements |
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CHAPTER 9. ADMINISTRATION OF ACT AND SPECIFIC ENVIRONMENTAL MANAGEMENT ACTS |
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36 |
36. Expropriation |
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37 |
37. Reservation |
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38 |
Intervention in litigation |
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39 |
Agreements |
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40 |
Appointment of employees on contract |
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41 |
Assignment of powers |
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42 |
Delegation |
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42A |
4Delegation of powers by MEC |
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43 |
Appeal to Minister |
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44 |
Regulations in general |
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45 |
Regulations for management cooperation agreements |
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46 |
Model environmental management bylaws |
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47 |
Procedure for making regulations |
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47A |
Regulations, legal documents and steps valid under certain circumstances |
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47B |
Consultation |
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47C |
Extension of time periods |
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47D |
Delivery of document |
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CHAPTER 10. GENERAL AND TRANSITIONAL PROVISIONS |
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48 |
State bound |
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49 |
Limitation of liability |
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50 |
Repeal of laws |
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51 |
Savings |
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52 |
Short title |
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53 |
Commencement |
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SCHEDULES |
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SCH. 1 |
In respect of s11(1) |
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SCH. 2 |
In respect of s11(2) |
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SCH. 3 |
In respect of s34 |