National Environmental Management Act, 1998

 

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 certain aspects of the administration and enforcement of other environmental management laws; and to provide for matters connected therewith.

 

 

Latest Developments:

 

The National Environmental Management Act, 1998 (Act No. 107 of 1998), has been updated with the Amendment to Regulation R.3072 of 2023 under Reg 13: Extension of Commencement date, as per Notice No. 4961 of GG50802, dated 11 June 2024.

 

The National Environmental Management Act, 1998 (Act No. 107 of 1998), has been updated with the Adoption of the Solar Exclusion Norm and Exclusion of the Development and Expansion of Solar Photovoltaic Facilities from the Requirement to obtain an Environmental Authorisation, as per Notice No. 4558 of GG50318, dated 27 March 2024.

 

The National Environmental Management Act, 1998 (Act No. 107 of 1998), has been updated with the Adoption of the Battery Storage Exclusion Norm and Exclusion of Identified Activities Associated with the Development and Expansion of Battery Storage Facilities from the Requirement to obtain and Environmental Authorisation, as per Notice No. 4557 of GG50318, dated 27 March 2024.

 

The National Environmental Management Act, 1998 (Act No. 107 of 1998), has been updated with Amendments to Regulations under Notice No. 542 of 5 April 2019 - Regulations laying down the procedure to be followed for the adoption of Spatial Tools or Environmental Management Instruments contemplated in Section 24(2)(c) and (e)., as per Notice No. 4494 of GG50289, dated 13 March 2024.

 

The National Environmental Management Act, 1998 (Act No. 107 of 1998), has been updated with Amendments to Regulations 17A and 17B under Notice R.1147 of 2015: Financing Provisioning Regulations, 2015, as per Notice No. 4296 of GG50059, dated 1 February 2024.

 

The National Environmental Management Act, 1998 (Act No. 107 of 1998), has been updated with Amendments to Regulation 17B of the Financial Provisioning Regulations, 2015 under Notice R. 1147, as per Notice No. 3841 of GG49220, dated 1 September 2023.

 

The National Environmental Management Act, 1998 (Act No. 107 of 1998), has been updated with Amendments to Protocols and Procedures for Assessment and Minimum Criteria for reporting on Identified Environmental Themes ito Sections 24 and 44 of the Act when applying for Environmental Authorisation under Notice No. 1150 of 2020, as per Notice No. 3717 of GG49028, dated 28 July 2023.

 

The National Environmental Management Laws Amendment Act, 2022 (No. 2 of 2022) has updated and made Amendments to:

National Environmental Management Act 1998

National Environmental Management: Protected Areas Act 2003

National Environmental Management: Biodiversity Act 2004

National Environmental Management: Air Quality Act 2004

National Environmental Management: Integrated Coastal Management Act 2008

National Environmental Management: Waste Management Act 2008 - Effective 30 June 2023 (save for certain sections) per Proclamation 125 of GG48869 -

as per Notice No. 2203 of GG46602, dated 24 June 2022.

 

The National Environmental Management Act, 1998 (Act No. 107 of 1998), has been updated with Amendment to Regulations to domesticate the requirements of the Rotterdam Convention on the prior informed consent procedure for certain hazardous chemicals and pesticides in international trade, 2023, under R3072 of 21 February 2023 GG48098, as per Notice No. 3505 of GG48751, dated 6 June 2023.

 

The National Environmental Management Act, 1998 (Act No. 107 of 1998), has been updated with the Repeal of Notice R.413 of 2021 and new Regulations to domesticate the requirements of the Rotterdam Convention on the prior informed consent procedure for certain hazardous chemicals and pesticides in international trade, 2023 – effective 1 July 2023, as per Notice No. 3072 of GG48098, dated 21 February 2023.

 

The National Environmental Management Act, 1998 (Act No. 107 of 1998), has been updated with the Extension of the Suspension of the Implementation of the Regulations to Domesticate the Requirements of the Rotterdam Convention on the Prior Informed Consent Procedure for certain Hazardous Chemicals and Pesticides in International Trade, by a further 120 days, as per Notice No. 2757 of GG47535, dated 18 November 2022.

 

The National Environmental Management Act, 1998 (Act No. 107 of 1998), has been updated with the protocol for the Specialist Assessment and Minimum Report content requirements for Environmental Impacts on Cape Vultures by Onshore Wind Energy Generation Facilities, as per Notice No. 2718 of GG47448, dated 4 November 2022.

 

The National Environmental Management Act, 1998 (Act No. 107 of 1998), has been updated with the Establishment of the National Environmental Consultative and Advisory Forum in terms of Section 3A of the Act, to advise the Minister on matters arising from Applications for the Suspension and Postponement of Compliance with the Minimum Emission Standards and Issuance of provisional Atmospheric Emission Licences, as per Notice No. 2394 of GG46746, dated 18 August 2022.

 

The National Environmental Management Act, 1998 (Act No. 107 of 1998), has been updated with the Adoption of the Standard for the Development and Expansion of Power Lines and Substations within identified geographical areas and the exclusion of this infrastructure from the Requirement to obtain an Environmental Authorisation, as per Notice No. 2313 of GG47095, dated 27 July 2022.

 

The National Environmental Management Act, 1998 (Act No. 107 of 1998), has been updated with Amendments to the Financial Provisioning Regulation, 2015 under Notice R1147 of 2015, as per Notice No. 2087 of GG46378, dated 19 May 2022.

 

The National Environmental Management Act, 1998 (Act No. 107 of 1998), has been updated by the Amendment of Section 24H Registration Authority Regulations, 2016 under N849 of 22 July 2016, as per Notice No. 1733 of GG45883, dated 7 February 2022.

 

The National Environmental Management Act, 1998 (Act No. 107 of 1998), has been updated by the Suspension of the Implementation of the Regulations to Domesticate the Requirements of the Rotterdam Convention on the Prior Informed Consent Procedure for certain Hazardous Chemicals and Pesticides in International Trade, for a period of 12 months, as per Notice No. 1513 of GG45502, dated 18 November 2021.

 

The National Environmental Management Act, 1998 (Act No. 107 of 1998), has been updated by the Publication of Rules relating to Welgevonden Game Reserve (NPC) July 2021, as per Notice No. 560, GG45176, dated 17 September 2021.

 

The National Environmental Management Act, 1998 (Act No. 107 of 1998) has been updated by the Publication of the Consolidated Environmental Implementation and Management Plan 2020/2024 as per Notice No. 747, GG45014, dated 20 August 2021.

 

The National Environmental Management Act, 1998 (Act No. 107 of 1998) has been updated by Amendment to Environmental Impact Assessment Regulations, 2014, Notice No. R.982, R983, R984, R985 of 4 December 2014 (GG38252), as per Notice 517 of Government Gazette 44701, dated 11 June 2021.

 

The National Environmental Management Act, 1998 (Act No. 107 of 1998) has been updated by Amendment to Financial Provisioning Regulations, 2015, as per Notice 495 of Government Gazette 44698, dated 11 June 2021.

 

The National Environmental Management Act, 1998 (Act No. 107 of 1998) has been updated to by the publication of Regulations to Prohibit the Production, Distribution, Import, Export, Sale and Use of Persistent Organic Pollutants that are listed by the Stockholm Convention on Persistent Organic Pollutants, as per Notice 414 of Government Gazette 44559, dated 12 May 2021.

 

The National Environmental Management Act, 1998 (Act No. 107 of 1998) has been updated to by the publication of Regulations to domesticate the requirements of the Rotterdam Convention on the prior informed consent procedure for certain hazardous chemicals and pesticides in international trade, as per Notice 413 of Government Gazette 44558, dated 12 May 2021.

 

The National Environmental Management Act, 1998 (Act No. 107 of 1998) has been updated to by the publication of amendments to the regulations made in terms of Section 24(d) of the Environment Conservation Act, 1989 (Act No. 73 of 1989) in respect of plastic carrier bags and plastic flat bags (Notice R625 of 2003), as per Notice 317 of Government Gazette 44421, dated 7 April 2021.

 

The National Environmental Management Act, 1998 (Act No. 107 of 1998) has been updated to by the publication of Procedures to be followed when applying for large scale wind and solar photovoltaic facilities, as per Notice 142 of Government Gazette 44191, dated 26 February 2021.

 

The National Environmental Management Act, 1998 (Act No. 107 of 1998) has been updated for Protocols & Procedures for Assessment and Minimum Criteria for reporting on Identified Environmental Themes – Terrestrial animal and plant species, as per Notice 1150 of Government Gazette 43855, dated 31 October 2020.

 

The National Environmental Management Act, 1998 (Act No. 107 of 1998) has been updated to recognize an Amendment of Regulation 22 of Section 24H Registration Authority Regulations, 2016, as per Notice 906 of Government Gazette 43632, dated 31 August 2020.

 

The National Environmental Management Act, 1998 (Act No. 107 of 1998) has been updated to recognize an Amendment of the Environmental Impact Assessment Regulations, 2014, as per Notice 599 of Government Gazette 43358, dated 29 May 2020.

 

The National Environmental Management Act, 1998 (Act No. 107 of 1998) has been updated to Procedures for the assessment and minimum criteria for reporting on identified environment themes ito Sections 24 and 44 of the Act when applying for Environment Authorisation, as per Notice 320 of Government Gazette 43110, dated 20 March 2020.

 

The National Environmental Management Act, 1998 (Act No. 107 of 1998) has been updated by Regulations to Phase-Out the use of Persistent Organic Pollutants, Government Gazette 42693, Notice No. 1150, dated 10 September 2019.

 

The National Environmental Management Act, 1998 (Act No. 107 of 1998) has been updated by Regulations, Financial Provisioning Regulations, 2015, Chapter 4 : Transitional Arrangements, Chapter 4 : Transitional Arrangements, 17B. Extension of transitional period as per Notice No. 991 of GG41921 dated 21 September 2018.

 

The National Environmental Management Act, 1998 (Act No. 107 of 1998) has been updated by Regulations, Financial Provisioning Regulations, 2015, Chapter 4 : Transitional Arrangements, 17A. Extension of transitional period for holders of offshore oil or gas exploration or production rights as per Notice No. R.452 of GG41584 dated 20 April 2018.

 

The National Environmental Management Act, 1998 (Act No. 107 of 1998) has been amended by Regulations Relating to the Procedure to be followed and Criteria to be Considered when Determining an Appropriate Fine in terms of Section 24G, Notice No. R. 698, Government Gazette 40994, dated 20 July 2017.

 

The National Environmental Management Act, 1998 (Act No. 107 of 1998) has been updated by Regulations relating to Qualification Criteria, Training and Identification of, and Forms to be used by, Environmental Management Inspectors and Environmental Mineral Resource Inspectors, Government Gazette 40879, Notice No. R. 480, dated 31 May 2017.

 

The National Environmental Management Act, 1998 (Act No. 107 of 1998) has been amended by Amendments to the Environmental Impact Assessment Regulations, 2014, Notice No. 326, Government Gazette 40772, dated 7 April 2017.

 

The National Environmental Management Act, 1998 (Act No. 107 of 1998) has been updated by Regulations relating to Section 24H Registration Authority Regulations, Government Gazette 40154, Notice No. 849, dated 22 July 2016.

 

The National Environmental Management Act, 1998 (Act No. 107 of 1998) has been amended by the National Appeal Regulations, Government Gazette 38559, Notice No. R. 205, dated 12 March 2015.

 

The National Environmental Management Act, 1998 (Act No. 107 of 1998) has been amended by National Appeal Regulations, Notice No. R. 993, Government Gazette 38303, dated 8 December 2014.

 

The National Environmental Management Act, 1998 (Act No. 107 of 1998) has been amended by National Exemption Regulations, Government Gazette 38303, Notice No. R. 994, dated 8 December 2014

 

The National Environmental Management Act, 1998 (Act No. 107 of 1998) has been updated  by the publication of Environmental Impact Assessment Regulations Listing Notice 3 of 2014, Repeal R546 of 2010 (previous regulation), as per Notice R.985 of Government Gazette 38282, dated 4 December 2014.

 

The National Environmental Management Act, 1998 (Act No. 107 of 1998) has been updated  by the publication of Environmental Impact Assessment Regulations Listing Notice 2 of 2014, Repeal R545 of 2010 (previous regulation), as per Notice R.984 of Government Gazette 38282, dated 4 December 2014.

 

The National Environmental Management Act, 1998 (Act No. 107 of 1998) has been updated  by the publication of Environmental Impact Assessment Regulations Listing Notice 1 of 2014, Repeal R544 of 2010 (previous regulation), as per Notice R.983 of Government Gazette 38282, dated 4 December 2014.

 

The National Environmental Management Act, 1998 has been amended by the addition of "Listing Notice 1 : List of Activities and Competent Authorities Identified in terms of sections 24(2) and 24D", Government Gazette 33306, Notice No. R. 544, dated 18 June 2010.

 

"List of Activities and Competent Authorities Identified in terms of sections 24 and 24D of the National Environmental Management Act, 1998", Notice No. R. 386, dated 21 April 2006 has been repealed by "Listing Notice 1 : List of Activities and Competent Authorities Identified in terms of sections 24(2) and 24D", Government Gazette 33306, Notice No. R. 544, dated 18 June 2010.

 

The National Environmental Management Act, 1998 (Act No. 107 of 1998) has been amended by the addition of "Environmental Impact Assessment Regulations, 2010", Government Gazette 33306, Notice No. R. 543, dated 18 June 2010.

 

The Act has been updated by Environmental Management Plan-Department of Labour, Notice No. 1025 in Government Gazette No. 32667 dated 30 October 2009.

 

The Act is updated by Notices No. R. 387 – Government Gazette No. 28753 dated 21 April 2006; and R. 971 – (amendment) – Government Gazette No. 32625 dated 9 October 2009.

 

This Act has been amended by The National Environmental Laws Amendment Act, 2009 (Act No. 14 of 2009) as published in Government Gazette No. 32267 dated 27 May 2009.

 

The Act has been updated with the National Environmental Management Amendment Act, 2008 (Act No. 62 of 2009) published in Government Gazette No. 31789 dated 9 January 2009.

 

The Act has been updated by the National Environment Laws Amendment Act, 2008 (Act No. 44 of 2008) as published in Government Gazette No. 31685 dated 5 December 2008.

 

The National Environmental Management Act has been updated with the addition of "Regulations Relating to Qualification Criteria, Training and Identification of, and Forms to be used by, Environmental Management Inspectors", Government Gazette 28869, Notice No. R. 494, dated 2 June 2006.

 

The National Environmental Management Act has been updated with the addition of "List of Activities and Competent Authorities Identified in terms of sections 24 and 240 of the National Environmental Management Act, 1998", Government Gazette 28753, Notice No. R. 387, dated 21 April 2006.

 

The National Environmental Management Act, 1998 (Act No. 107 of 1998) has been updated with the addition of "List of Activities and Competent Authorities Identified in terms of sections 24 and 24D of the National Environmental Management Act, 1998", Government Gazette 28753, Notice No. R. 386, dated 21 April 2006.

 

The National Environmental Management Act, 1998 (Act No. 107 of 1998) has been updated by the addition of "Environmental Impact Assessment Regulations, 2006", Government Gazette 28753, Notice No. R. 385, dated 21 April 2006.

 

The National Environmental Management Act, 1998 (Act No. 107 of 1998) has been amended by Government Gazette 27318, Notice No. 163, National Environment Management: Air Quality Act, 2004, dated 24 February 2005.

 

The Act has been updated with various Regulations gazetted in July 2005, April 2006, and June 2006, and a link created for three Environmental Implementation Plans dated 2008, for the Department of Defence, Environmental Affairs and Tourism and Minerals and Energy

 

The National Environmental Management Act, 1998 (Act No. 107 of 1998) has been amended by the addition of "National Environmental Management Act, 1998 Regulations for the Establishment of a Designated National Authority for the Clean Development Mechanism" as published in Government Gazette 27788, Notice No. R. 721, dated 22 July 2005.

 

The National Environmental Management Act, 1998 (Act No. 107 of 1998) has been amended by the addition of "Regulations Relating to Identification of Environmental Management Inspectors" as published in Government Gazette 27713, Notice No. R. 619, dated 1 July 2005.

 

The National Environmental Management Act, 1998 (Act No. 107 of 1998) has been amended by the addition of "Amendments to Regulations published in terms Section 44 of the National Environmental Management Act, 1998: Control of use of Vehicles in the Coastal Zone (GN Regulation 1399 of 21 December 2001)" as published in Government Gazette 27066, Notice No. R. 1426, dated 07 December 2004.

 

The National Environmental Management Act, 1998 (Act No. 107 of 1998) has been amended by the addition of "Guidelines on the implementation of Regulations pertaining to the Control of Vehicles in the Coastal Zone" as published in Government Gazette 27066, dated 3 December 2004.

 

National Environmental Management Amendment Act, No. 8 of 2004 published in Government Gazette No. 26570 dated 14 July 2004.

 

The National Environmental Management Amendment Act, No. 46 of 2003 published in Government Gazette No. 26018 dated 13 February 2004; and

 

The National Environmental Management Amendment Act, 1998 (Act No. 107 of 1998), has been updated by the publication of Regulations under section 24(d) of the Act - plastic carrier bags and plastic flat bags, as per Notice No. R625 of Government Gazette No. 24839, dated 9 May 2003

 

The National Environmental Management Act, 1998 (Act No. 107 of 1998) has been amended by the addition of "Regulations in terms of the National Environmental Management Act, 1998 : Control of Vehicles in the Coastal Zone" as published in Government Gazette 22960, Notice No. 1399, dated 21 December 2001.

 

The National Environmental Management Amendment Act, 2002 (56 of 2002) has been applied to the Act.

 

The SANDF Environmental Implementation Plan has been added to the Act as an example EIP, as published in Gazette 22022 on 16 February, 2001.

 

The First Edition Consolidated Environmental Implementation and Management Plan has been published in Gazette 21562, dated 15 September 2000 and is available at http://www.land.pwv.gov.za.

 

The due date for submission of Environmental Implementation Plans and Environmental Management Plans, to the Committee for Environmental Co-ordination, has been set at 31 August 2000. This date has been extended to the 30 March 2001 (Gazette 21647 dated 20 October 2000).

 

The National Environmental Management Act, 1998 has been promulgated and came into operation on 29 January 1999.