South Africa
National Environmental Management Act, 1998
Act 107 of 1998
- Published in Government Gazette 19519 on 27 November 1998
- Assented to on 19 November 1998
- Commenced on 29 January 1999 by National Environmental Management Act, 1998: Commencement
- [This is the version of this document as it was from 29 January 1999 to 30 April 2004.]
- [Amended by National Environmental Management Amendment Act, 2002 (Act 56 of 2002) on 29 January 1999]
1. Definitions
Chapter 1
National environmental management principles
2. Principles
Chapter 2
Institutions
Part 1 – National Environmental Advisory Forum
3. Establishment, objects and functions of National Environmental Advisory Forum
4. Composition
5. Conditions of appointment to Forum
6. Functioning of Forum
Part 2 – Committee for Environmental Co-ordination
7. Establishment, objects and functions of Committee
8. Composition of Committee
9. Meetings of Committee, subcommittees and working groups
10. Report of Committee
Chapter 3
Procedures for co-operative governance
11. Environmental implementation plans and management plans
12. Purpose and objects of environmental implementation plans and environmental management plans
The purpose of environmental implementation and management plans is to—13. Content of environmental implementation plans
14. Content of environmental management plans
Every environmental management plan must contain—15. Submission, scrutiny and adoption of environmental implementation plans and environmental management plans
16. Compliance with environmental implementation plans and environmental management plans
Chapter 4
Fair decision-making and conflict management
17. Reference to conciliation
18. Conciliation
19. Arbitration
20. Investigation
The Minister may at any time appoint one or more persons to assist either him or her or, after consultation with a Municipal Council or MEC or another national Minister, to assist such a Municipal Council or MEC or another national Minister in the evaluation of a matter relating to the protection of the environment by obtaining such information, whether documentary or oral, as is relevant to such evaluation and to that end—21. Appointment of panel and remuneration
22. Relevant considerations, report and designated officer
Chapter 5
Integrated environmental management
23. General objectives
24. Implementation
Chapter 6
International obligations and agreements
25. Incorporation of international environmental instruments
26. Reports
27. Application
Chapter 7
Compliance, enforcement and protection
Part 1 – Environmental hazards
28. Duty of care and remediation of environmental damage
29. Protection of workers refusing to do environmentally hazardous work
30. Control of emergency incidents
Part 2 – Information, enforcement and compliance
31. Access to environmental information and protection of whistle-blowers
32. Legal standing to enforce environmental laws
33. Private prosecution
34. Criminal proceedings
Chapter 8.
Environmental management co-operation agreement
35. Conclusion of agreements
Chapter 9
Administration of Act
36. Expropriation
37. Reservation
The Minister may reserve State land with the consent of the Minister authorised to dispose of the land, and after consultation with any other Minister concerned, for environmental or other purposes in terms of this Act, if that purpose is a public purpose or is in the public interest.38. Intervention in litigation
The Minister may intervene in litigation before a court in any matter under this Act.39. Agreements
The Director-General may enter into agreements with organs of state in order to fulfil his or her responsibilities.40. Appointment of employees on contract
41. Assignment of powers
42. Delegation
43. Appeal to Minister
44. Regulations in general
45. Regulations for management co-operation agreements
46. Model environmental management bylaws
47. Procedure for making regulations
Chapter 10
General and transitional provisions
48. State bound
This Act is binding on the State except in so far as any criminal liability is concerned.49. Limitation of liability
Neither the State nor any other person is liable for any damage or loss caused by—50. Repeal of laws
51. Savings
Anything done or deemed to have been done under a provision repealed by this Act—52. Short title
This Act is called the National Environmental Management Act, 1998.53. Commencement
This Act comes into operation on a date fixed by the President in the Gazette.History of this document
30 June 2023 amendment not yet applied
18 December 2014 amendment not yet applied
02 September 2014 amendment not yet applied
18 December 2013 amendment not yet applied
18 September 2009 amendment not yet applied
11 September 2009 amendment not yet applied
01 May 2009 amendment not yet applied
01 May 2005 amendment not yet applied
07 January 2005 amendment not yet applied
01 May 2004 amendment not yet applied
29 January 1999 this version
27 November 1998
19 November 1998
Assented to
Cited documents 12
Act 12
1. | Criminal Procedure Act, 1977 | 3803 citations |
2. | Development Facilitation Act, 1995 | 1046 citations |
3. | National Water Act, 1998 | 867 citations |
4. | Constitution of the Republic of South Africa, 1996 | 601 citations |
5. | Expropriation Act, 1975 | 496 citations |
6. | Health Act, 1977 | 488 citations |
7. | Marine Living Resources Act, 1998 | 351 citations |
8. | Hazardous Substances Act, 1973 | 350 citations |
9. | Commissions Act, 1947 | 303 citations |
10. | South African Maritime Safety Authority Act, 1998 | 134 citations |
Documents citing this one 2192
Gazette 2025
Judgment 99
By-law 38
Act 18
1. | Promotion of Access to Information Act, 2000 | 1633 citations |
2. | National Environmental Management: Protected Areas Act, 2003 | 652 citations |
3. | Mineral and Petroleum Resources Development Act, 2002 | 630 citations |
4. | National Health Act, 2003 | 451 citations |
5. | National Environmental Management: Waste Act, 2008 | 439 citations |
6. | National Environmental Management: Air Quality Act, 2004 | 358 citations |
7. | Electricity Regulation Act, 2006 | 320 citations |
8. | National Environmental Management: Integrated Coastal Management Act, 2008 | 209 citations |
9. | Western Cape Land Use Planning Act, 2014 | 6 citations |
10. | Gauteng Transport Infrastructure Act, 2001 | 1 citation |
Government Notice 10
Law Reform Report 1
1. | Investigation into Legal Fees - Including Access to Justice and Other Interventions - Project 142 |
Provincial Notice 1
1. | Western Cape Land Use Planning Regulations, 2015 | 3 citations |
Subsidiary legislation
Title
|
Date
|
|
---|---|---|
Prior Informed Consent Procedure Regulations, 2024 | Government Notice 5391 of 2024 | 7 October 2024 |
Regulations laying down the procedure to be followed for the adoption of spatial tools or environmental management instruments, 2019: Amendment | Government Notice 4494 of 2024 | 13 March 2024 |
Environmental Impact Assessment Regulations, 2014 | Government Notice R982 of 2014 | 11 June 2021 |