National Environmental Management Act No. 107 of 1998 (Act only)
The National Environmental Management Act No. 107 of 1998 is published in an easy to carry A5 soft cover book.
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Product description
The National Environmental Management Act No. 107 of 1998 is published in an easy to carry A5 soft cover book.
The Act aids in providing 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.
The Act also provides for certain aspects of the administration and enforcement of other environmental management laws and matters connected therewith.
Table of contents
CHAPTER_1 - NATIONAL ENVIRONMENTAL MANAGEMENT PRINCIPLES
2. - Principles
CHAPTER_2 - INSTITUTIONS
3. -
3A - Establishment of fora or advisory committees
4. -
5. -
6. -
7. -
8. -
9. -
10. -
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
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 - Environment Outlook Report
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. - Mainstreaming environmental Management
24. - Environmental authorisations
24A. - Procedure for listing activity or area
24B. - Procedure for delisting of activities or areas
24C. - Procedure for identifying competent authority
24D. - Publication of list
24E. - Minimum conditions attached to environmental authorisations
24F. - Prohibitions relating to commencement or continuation of listed activities
24G. - Consequences of unlawful commencement of activity
24H. - Registration authorities
24I. - Appointment of external specialist to review assessment
24J. - Implementation guidelines
24K. - Consultation between competent authorities and consideration of legislative compliance requirements of other organs of state having jurisdiction
24L. - Alignment of environmental authorisations
24M. - Exemptions from application of certain provisions
24N. - Environmental management programme
24O. - Criteria to be taken into account by competent authorities when considering applications
24P. - Financial provision for remediation of environmental damage
24Q. - Monitoring and performance assessment
24R. - Mine closure on environmental authorisation
24S. - 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
28. - Duty of care and remediation of environmental damage
29. - Protection of workers refusing to do environmentally hazard-ous work
30. - Control of emergency incidents
30A. - Emergency situations
31. - Access to environmental information and protection of whistle-blowers
31A. - Application
31B. - Designation of environmental management inspectors by Minister
31BA - Designation of environmental management inspectors by Minister responsible for water affairs
31BB. - Designation of environmental mineral resource inspectors by Minister responsible for mineral resources
31C. - Designation of environmental management inspectors by MEC
31D. - Mandates
31E. - Prescribed standards
31F. - Proof of designation
31G. - Functions of inspectors
31H. - General powers
31I. - Seizure of items
31J. - Powers to stop, enter and search vehicles, vessels and aircraft
31K. - Routine inspections
31L. - Power to issue compliance notices
31M. - Objections to compliance notice
31N. - Failure to comply with compliance notice
31O. - Powers of South African Police Service members
31P. - Duty to produce documents
31Q. - Confidentiality
32. - Legal standing to enforce environmental laws
33. - Private prosecution
34. - Criminal proceedings
34A. -
34B. - Award of part of fine recovered to informant
34C. - Cancellation of permits
34D. - Forfeiture of items
34E. - Treatment of seized live specimens
34F. - Security for release of vehicles, vessels or aircraft
34G. - Admission of guilt fines
34H. - Jurisdiction
CHAPTER_8 - ENVIRONMENTAL MANAGEMENT CO-OPERATION AGREEMENTS
35. - Conclusion of agreements
CHAPTER_9 - ADMINISTRATION OF ACT AND SPECIFIC ENVIRONMENTAL MANAGEMENT ACTS
36. - Expropriation
37. - Reservation
38. - Intervention in litigation
39. - Agreements
39A. - Prohibition of certain products
40. - Appointment of employees on contract
41. - Assignment of powers
42. - Delegation of powers and duties by Minister and Director-General
42A. - Delegation of powers by MEC
42B. - Delegation by Minister responsible for mineral resources
43. - Appeals
44. - Regulations in general
45. - Regulations for management co-operation agreements
46. - Model environmental management by-laws
47. - Procedure for making regulations
47A. - Regulations, legal documents and steps valid under certain circumstances
47B. - Consultation
47C. - Extension of time periods
47CA. - Extension of time periods applicable to appeals relating to prospecting, exploration, mining or production
47CB. - Condonation of time periods applicable to appeals relating to prospecting, exploration, mining or production
47D. - Delivery of documents
CHAPTER_10 - GENERAL AND TRANSITIONAL PROVISIONS
48. -
49. - Limitation of liability
49A. - Offences
49B. - Penalties
50. - Repeal of Acts
50A. - Future amendments in respect of environmental matters in so far as it relates to the Agreement
51. - Savings
52. - Short title
53. - Commencement
Schedule 1.
Schedule 2.
Schedule 3.