National Environmental Management Act, 1998

Act 107 of 1998, assented to on 19 November 1998
Also known as NEMA
Download this Act in MS Word here and in PDF here.

Draft Amendments to this Act:

National Environmental Management Laws Amendment Bill, 2011 (R.586 of 2011, Government Gazette 34558, 26 August 2011)

CER comments on the National Environmental Management Laws Amendment Bill, 2011 dated 26 September 2011

National Environmental Management Laws Amendment Bill dated November 2011

Explanatory Memorandum to the National Environmental Management Laws Amendment Bill, 2011, published on 30 December 2011 (R.914 of 2011, Government Gazette 34891, 30 December 2011)

Regulations issued under this Act:

2010 Environmental Impact Assessment Regulations (MS Word versions – note that, although the text is the same, these are not official documents, and that the versions published in the Government Gazette are the official versions)

Note: These regulations came into effect on 2 August 2010. Since then, two correction notices have been published: Correction Notice 1 (R.660 of GG33411), and Correction Notice 2 (R.1159 of 10 December 2010, GG33842). Both of these correction notices contain a deeming provision that make these corrections effective from 2 August 2010.

• Environmental Impact Assessment Regulations (GN R.543 in GG33306 of 18 June 2010) as corrected on 10 December 2010:
  • English, PDF
  • English, MS Word
  • uncorrected pre-10 Dec 2010 version available in Afrikaans here

• Listing Notice 1 (GN R.544 in GG33306 of 18 June 2010) as corrected on 10 December 2010:
  • English, PDF
  • English, MS Word
  • uncorrected pre-10 Dec 2010 version available  in Afrikaans here

• Listing Notice 2 (GN R.545 in GG33306 of 18 June 2010) as corrected on 10 December 2010:
  • English, PDF
  • English, MS Word
  • uncorrected pre-10 Dec 2010 version available in Afrikaans here

• Listing Notice 3 (GN R.546 in GG33306 of 18 June 2010) as corrected on 10 December 2010:
  • English, PDF
  • English, MS Word
  • uncorrected pre-10 Dec 2010 version available in Afrikaans here

• Environmental Management Framework Regulations (GN R.547 GG33306 of 18 June 2010):
  • English, MS Word
  • Afrikaans, MS Word

• Adoption of the Environmental Management Framework for the Garden Route Area in the Eden District Municipality, Western Cape Province (GN R.905 GG34719 of 4 November 2011)

PDF versions of the Government Gazettes can be downloaded here.

Note: The Department has issued two guidance notes on practical aspects of the implementation of the 2010 regulations:

1. Guidance on the application of transitional provisions, in the form of a letter from the Director-General dated 21 October 2010, and a schedule entitled “Similar Listings & Newly listed activities: Transitional Arrangements GNR 543“.
2. Guidance on  the applicable time frames for the making of decisions, the submission of application forms and reports as well as the conduction of public participation over the festive season. This notice can be downloaded here.

2006 Environmental Impact Assessment Regulations
Note: These regulations were replaced by the 2010 regulations on 2 August 2010

• Environmental Impact Assessment Regulations (GN R385 in GG 28753 of 21 April 2006)
• List of Activities and Competent Authorities (GN R386 in GG 28753 of 21 April 2006)
• List of Activities and Competent Authorities (GN R387 in GG 28753 of 21 April 2006)

Regulations dealing with Environmental Management Inspectors

• Identification of Environmental Management Inspectors (GN R619 in GG 27713 of 1 July 2005)
• Qualification Criteria, Training and Identification of, and Forms to be used by, Environmental Management Inspectors (GN R494 in GG 28869 of 2 June 2006)

4×4 Regulations

• National Environmental Management Regulations (GN R1399 in GG 22960 of 21 December 2001)
• Guidelines on the Implementation of Regulations pertaining to the Control of Vehicles in the Coastal Zone  (GN R1426 in GG 27066 of 7 December 2004)

Clean Development Mechanism Regulations

• Establishment of a designated national authority for the Clean Development Mechanism (GN R721 in GG 27788 of 22 July 2005)

Delegations issued under this Act:

In terms of section 42A of the Act, the MEC of a province may delegate a power or duty vested in or delegated to the MEC in terms of NEMA or a specific environmental management act. The CER has submitted PAIA request for delegations to the relevant provincial authorities.
To date, we have received the following delegation information:

Mpumalanga Department of Economic Development, Environment and Tourism:

• Delegation by the MEC, Norman Mokoena, to the Head of Department, Economic Development, Environment and Tourism, RS Tshukudu (11 November 2010).
• Delegation by the MEC, Norman Mokoena, to the Head of Department, Economic Development, Environment and Tourism, Dr Vusanani Dlamini (3 May 2011).

Gauteng Department of Agriculture and Rural Development:

• Delegation by the MEC, Nandi Mayathula-Khoza, to the Head of Department, Agriculture and Rural Development, Simangele Sekgobela (27 January 2011).

Free State Department of Economic Development, Tourism and Environmental Affairs:

• Delegation by the MEC, Mxolisi Dukwana, to the Head of Department, Economic Development, Tourism and Environmental Affairs (21 June 2010).

Eastern Cape Department of Economic Development, Environmental Affairs and Tourism:

• This department has advised that no delegations have been made in terms of s42A of NEMA. However, in response to our PAIA request, this department provided us with an internal document purporting to outline the competent authorities (in terms of s24C of NEMA) responsible for granting environmental authorisations (14 September 2010).

Limpopo Department of Economic Development, Environment and Tourism:

• Delegation by the MEC, Pitsi Paul Moloto, to various officials in respect of various powers (21 December 2010).

KwaZulu-Natal Department of Agriculture, Environmental Affairs and Rural Development:

• Delegation by the MEC, Lydia Johnson, to the Acting Head of Department, Agriculture, Environmental Affairs and Rural Development, Mr S. Adam (25 August 2009) and the further delegation by the Acting HoD to various other officials (26 August 2009).

Western Cape Department of Environmental Affairs and Development Planning:

• Delegation by the MEC, Anton Bredell, to the Acting Head of Department, Environmental Affairs and Development Planning (29 November 2011).