South African statutory law for environmental management
The National Environmental Management Act, 1998 (Act No. 107 of 1998, abbreviated NEMA) is the statutory framework to enforce Section 24 of the Constitution of the Republic of South Africa. The NEMA is intended to promote co-operative governance and ensure that the rights of people are upheld, but also recognising the necessity of economic development. NEMA supersedes the Environmental Conservation Act, which was inadequate to deal with enforcement, administration, and governance, and was written to be more successful in these aspects.[1]
Purpose
To provide for co-operative, environmental governance by establishing principles for decision-making on matters that affect the environment, institutions will promote co-operative governance and procedures for co-ordinating environmental functions exercised by organs of state; and to provide for matters connected therewith.[2]
Promulgation
Published as: Republic of South Africa (22 November 1998). "National Environmental Management Act. 1998". Government Gazette. 401 (19519). Cape Town: Government Printer.[2]
The act repealed a large part of the Environment Conservation Act. 1989 (Act No, 73 of 1989).[2]: S50
Amendments
Mineral and Petroleum Resources Development Act 28 of 2002 from 1 May 2004: Section 36[3]
National Environmental Management Amendment Act 56 of 2002 from 29 January 1999: Sections 1, 44[3]
National Environmental Management Amendment Act 46 of 2003 from 1 May 2005: Sections 1, 30-32, 34, 42, 47, 49[3]
National Environmental Management Amendment Act 8 of 2004 from 14 July 2004: Sections 1, 24, 43, 47, 50, Schedule 3[3]
National Environmental Management: Air Quality Act 39 of 2004 from 24 February 2005: Section 1[3]
National Environmental Management Laws Amendment Act 44 of 2008 from 11 September 2009: Section 1, 31[3]
Also amends Environment Conservation Act 73 of 1989
Also amends National Environment Laws Amendment Act 44 of 2008
Also amends National Environment Management: Air Quality Act 39 of 2004
National Environmental Management Amendment Act 62 of 2008 from 1 May 2009: Section 1, 24, 42-43, 47[3]
Also amends Environment Conservation Act 73 of 1989
Also amends National Environment Laws Amendment Act 44 of 2008
Also amends National Environment Management: Air Quality Act 39 of 2004