National Environmental Management Act, 1998 (Act No. 107 of 1998)

Chapter 7 : Compliance, Enforcement and Protection

Part 3 : Judicial Matters

32. Legal Standing to Enforce Environmental Laws
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(1)Any person or group of persons may seek appropriate relief in respect of any breach or threatened breach of any provision of this Act, including a principle contained in Chapter 1, or any provision of a specific environmental management Act, or of any other statutory provision concerned with the protection of the environment or the use of natural resources —
(a)in that person's or group of person's own interest;
(b)in the interest of, or on behalf of, a person who is, for practical reasons, unable to institute such proceedings;
(c)in the interest of or on behalf of a group or class of persons whose interests are affected;
(d)in the public interest; and
(e)in the interest of protecting the environment.

 

(2)A court may decide not to award costs against a person who, or group of persons which, fails to secure the relief sought in respect of any breach or threatened breach of any provision of this Act including a principle contained in Chapter 1, or of any provision of a specific environmental management Act, or of any other statutory provision concerned with the protection of the environment or the use of natural resources, if the court is of the opinion that the person or group of persons acted reasonably out of a concern for the public interest or in the interest of protecting the environment and had made due efforts to use other means reasonably available for obtaining the relief sought.

 

(3)Where a person or group of persons secures the relief sought in respect of any breach or threatened breach of any provision of this Act, or of any provision of a specific environmental management Act, or of any other statutory provision concerned with the protection of the environment, a court may on application—
(a)award costs on an appropriate scale to any person or persons entitled to practice as advocate or attorney in the Republic who provided free legal assistance or representation to such person or group in the preparation for or conduct of the proceedings; and
(b)order that the party against whom the relief is granted pay to the person or group concerned any reasonable costs incurred by such person or group in the investigation of the matter and its preparation for the proceedings.