National Environmental Management Act 107 of 1998 (NEMA)

The National Environmental Management Act (NEMA) provides the framework for environmental governance in South Africa. Enacted in 1998, it establishes the principles of environmental management, requires environmental impact assessments, and regulates activities that may have significant environmental effects. NEMA is an umbrella statute under which sector-specific environmental legislation operates.

Legal area: Law relating to environmental protection, conservation, and remediation.

Year enacted: 1998

Full text: https://www.gov.za/documents/south-africa-national-environmental-management-act-107-of-1998

Key Provisions

• Chapter 1: National environmental management principles
• Chapter 2: Environmental impact assessment and environmental authorizations
• Chapter 3: Environmental quality standards and norms
• Chapter 4: Environmental compliance and enforcement
• Section 24: Prohibition on activities with significant environmental impact without authorization
• Section 28: Duty of care and remediation of environmental damage

Significance

NEMA is the cornerstone of South Africa’s environmental law framework. It requires environmental impact assessments for listed activities and establishes the polluter-pays and precautionary principles. The Act has been the subject of extensive litigation regarding mining, development, and pollution.