National Environmental Management Act 107 of 1998

The National Environmental Management Act 107 of 1998, commonly known as NEMA, serves as a framework law, establishing the foundation for environmental regulation and governance in South Africa. It is divided into ten chapters, each addressing a distinct aspect of environmental management. Chapter 1 outlines principles for decision-making on environmental matters, while Chapter 5 introduces an integrated approach to environmental management. Chapter 7 focuses on compliance and enforcement, including the creation of the Environmental Management Inspectorate (known as the Green Scorpions). Chapter 10 details various environmental crimes, ensuring a comprehensive legal structure for environmental protection.

Did you know:

• NEMA provides a number of principles that must be considered in all decisions which may affect the environment – you can find these important principles in section 2.
• It requires any potential impacts or consequences of developments (including certain farming practices) or mining activities to be considered before the development or mining activity starts. You will need to undertake an environmental impact assessment and be granted an environmental authorisation before you can start developing / mining.
• It allows for private prosecution, meaning that instead of the National Prosecuting Authority doing the prosecution, it can be done by any South African so long as it is done in the public interest or in the interest of protecting the environment, the person is represented by an attorney and the National Prosecuting Authority has been notified.

Section 43 of NEMA allows you to appeal certain decisions taken under environmental laws – see the National Appeal Regulations for more detail.