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Water Sector Policy Database (WSPD)

Policy Detail Information
Policy Name: National Environmental Management Act

Open Policy Document Open Policy Document
This document has been opened: 588 times to date.
Date Of Release: 27 Nov 1998
Date Of Expected Review:
Date Last Updated: 15 Feb 2007
Policy Type: Existing legislation
Policy Level: National
Department: Department of Environmental Affairs and Tourism
Contact Name: Switchboard
Phone Number: 012 310 3911
Fax Number: 012 322 2476
Directorate: Policy & Legislation
Contact Name: Switchboard
Phone Number: (012) 310 3911
Fax Number: (012) 322 2476
Topics covered:
Legislations Impacting on WS/WR
Policy Precis:

To provide for co-operative, environmental governance by establishing principles for decision-making on matters affecting the environment, institutions that will promote co-operative governance and procedures for co-ordinating environmental functions exercised by organs of state; to provide for the prohibition, restriction or control of activities which are likely to have a detrimental impact upon the environment; and to provide for matters connected therewith.

Section Summary

  Section Number Section Heading Section Description
01 NATIONAL ENVIRONMENTAL MANAGEMENT PRINCIPLES National environmental management principles
02 INSTITUTIONS Part 1 deals with the National Environmental Advisory Forum: Establishment. objects and functions of Forum; Composition; Conditions of appointment; Functioning of Forum. Part 2 deals with the Committee for Environmental Co-ordination: Establishment. objects and functions of Committee; Composition of Committee; Meetings of Committee, sub-committees and working groups; Report of Committee
03 PROCEDURES FOR CO-0PERATIVE GOVERNANCE Environmental implementation plans and management plans; Purpose and objects of environmental implementation and management plans; Content of environmental implementation plans; Content of environmental management plans; Submission, scrutiny and adoption; Compliance with environmental implementation and management plans
04 FAIR DECISION-MAKING AND CONFLICT MANAGEMENT Reference to conciliation; Conciliation; Arbitration; Investigation; Appointment of panel and remuneration;Relevant considerations, report and designated officer
05 INTEGRATED ENVIRONMENTAL MANAGEMENT General objectives; Environmental Authorisations; Procedure for listing activity or area; Procedure for delisting of activities or areas; Procedure for identifying the competent authority; Publication of list; Minimum conditions attached to environmental authorizations; Offences relating to commencement or continuation of listed activities; Rectification of unlawful commencement or continuation of listed activities; Registration authorities; Appointment of external specialist to review assessment
06 INTERNATIONAL OBLIGATIONS AND AGREEMENTS Incorporation of international environmental instruments; Reports; Application
07 COMPLIANCE AND ENFORCEMENT Part 1 deals with environmental hazards: Duty of care and remediation of environmental damage; Protection of workers refusing to do environmentally hazardous work; Control of emergency incidents. Part 2 deals with information, enforcement and compliance: Access to environmental information and protection of whistleblowers; Legal standing to enforce environmental laws; Private prosecution; Criminal proceedings
09 ADMINISTRATION OF ACT Expropriation; Reservation; Intervention in litigation; Agreements; Appointment of employees on contract; Assignment; Delegation; Appeal to Minister; Regulations in general; Regulations for management co-operation agreements; Model environmental management bylaws; Procedure for making regulations
10 GENERAL AND TRANSITIONAL PROVISIONS State bound; Limitation of liability; Repeal of laws; Savings; Short title; Commencement

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