National Environmental Management Act 107 of 1998

The National Environmental Management Act 107 of 1998 (NEMA) is a foundational framework law that establishes the basis for environmental regulation and governance in South Africa. It consists of ten chapters, each addressing a key aspect of environmental oversight. These range from setting principles for environmental decision-making (Chapter 1) and promoting integrated environmental management (Chapter 5) to outlining compliance and enforcement mechanisms, including the creation of the Environmental Management Inspectorate, known as the Green Scorpions (Chapter 7), and detailing environmental offences (Chapter 10).

Did you know:

• NEMA outlines essential principles in Section 2 that must be considered in all decisions impacting the environment.
• NEMA mandates that potential impacts of developments, including farming and mining activities, must be assessed before they begin. An environmental impact assessment and environmental authorisation are required prior to commencing any development or mining activities.
• NEMA permits private prosecution, enabling any South African to pursue legal action in the public interest or to protect the environment. This requires representation by an attorney and prior notification to the National Prosecuting Authority.

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