Legislation & Regulations


Legislation


National Environmental Management Act
(NEMA) (Act 107 of 1998)

NEMA is the overarching environmental legislation in South Africa. Its purpose is 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. NEMA provides for certain aspects of the administration and enforcement of other environmental management laws; and matters connected therewith.

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National Environmental Management Amendment Act
(NEMA) (Act 62 of 2008)

The purpose of this amendment act is to amend NEMA so as to insert certain definitions and to substitute others; to further regulate environmental authorisations; to empower the Minister of Minerals and Energy to implement environmental matters in terms of the National Environmental Management Act, 1998, in so far as it relates to prospecting, mining, exploration, production or related activities on a prospecting, mining, exploration or production area; to align environmental requirements in the Mineral and Petroleum Resources Development Act, 2002, with the National Environmental Management Act, 1998, by providing for the use of one environmental system and by providing for environmental management programmes, consultation with State departments, exemptions from certain provisions of the National Environmental Management Act, 1998, financial provision for the remediation of environmental damage, the management of residue stockpiles and residue deposits, the recovering of cost in the event of urgent remedial measures and the issuing of closing certificates as it relates to the conditions of the environmental authorisation; and to effect certain textual alterations; and to provide for matters connected therewith.

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National Environmental Management Act: Integrated Coastal Management Act
(NEMA) (Act 24 of 2008)

To establish a system of integrated coastal and estuarine management in the Republic, including norms, standards and policies, in order to promote the conservation of the coastal environment, and maintain the natural attributes of coastal landscapes and seascapes, and to ensure that development and the use of natural resources within the coastal zone is socially and economically justifiable and ecologically sustainable; to define rights and duties in relation to coastal areas; to determine the responsibilities of organs of state in relation to coastal areas; to prohibit incineration at sea; to control dumping at sea, pollution in the coastal zone, inappropriate development of the coastal environment and other adverse effects on the coastal environment; to give effect to South Africa's international obligations in relation to coastal matters; and to provide for matters connected therewith.

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National Environmental Management Act: Integrated Coastal Management Amendment Act
(NEMA) (Act 36 of 2014)

The purpose of this amendment act is to amend the National Environmental Management: Integrated Coastal Management Act, 2008, so as to amend certain definitions; to clarify coastal public property and the ownership of structures erected on and in coastal public property; to remove the power to exclude areas from coastal public property; to clarify and expand the provisions on reclamation; to clarify definitions and terminology; to simplify the administration of coastal access fee approvals; to simplify and amend powers relating to coastal authorisations; to replace coastal leases and concessions with coastal use permits; to extend the powers of MECs to issue coastal protection notices and coastal access notices; to limit the renewal of dumping permits; to simplify the composition and functions of the National Coastal Committee; to clarify the powers of delegation by MECs; to revise offences and increase penalties; to improve coastal authorisation processes; to provide for exemptions; to provide for transitional matters; to effect certain textual alterations; and to provide for matters connected therewith.

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National Environmental Management Act: Biodiversity Act
(NEMA) (Act 10 of 2004)

The purpose of this act is to provide for the management and conservation of South Africa’s biodiversity within the framework of the National Environmental Management Act, 1998; the protection of species and ecosystems that warrant national protection; the sustainable use of indigenous biological resources; the fair and equitable sharing of benefits arising from bioprospecting involving indigenous biological resources; the establishment and functions of a South African National Biodiversity Institute; and for matters connected therewith.

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National Environmental Management Act: Protected Areas Act
(NEMA) (Act 57 of 2003)

The purpose of this act is to provide for the protection and conservation of ecologically viable areas representative of South Africa’s biological diversity and its natural landscapes and seascapes; for the establishment of a national register of all national, provincial and local protected areas; for the management of those areas in accordance with national norms and standards; for intergovernmental co-operation and public consultation in matters concerning protected areas; and for matters in connection therewith.

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National Environmental Management Act: Protected Areas Amendment Act
(NEMA) (Act 31 of 2004)

The purpose of this amendment act is to amend the National Environmental Management: Protected Areas Act, 2003, to provide for the application of that Act in relation to national parks and marine protected areas; and to provide for matters connected therewith.

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National Environmental Management Act: Protected Areas Amendment Bill
(NEMA) (Bill 28 of 2013)

The purpose of this amendment Bill is to amend the National Environmental Management: Protected Areas Act, 2003, so as to amend or insert certain definitions; to authorise the declaration of marine protected areas; to provide for the management of marine protected areas; to provide for transitional measures; and to effect certain textual alterations; and to provide for matters connected therewith.

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National Environmental Management Act: National Estuarine Management Protocol
(NEMA) (No. 341 of 2013)

The ICM Act (Act No. 24 of 2008) requires estuaries of the Republic to be managed in a co-ordinated and efficient manner, in accordance with a National Estuarine Management Protocol. Section 33(2) of the ICM Act empowers the Minister responsible for Environmental Affairs with the concurrence of the Minister responsible for Water Affairs to publish a Protocol that will provide guidance for the management of estuaries through the development and implementation of individual estuarine management plans (EMPs). The EMPs seek to achieve greater harmony between ecological processes and human activities while accommodating orderly and balanced estuarine resource utilization.

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White Paper for Sustainable Coastal Development in South Africa
(2000)

This policy sets out a vision for the coast, and principles, goals and objectives for coastal management, together with a Plan of Action for implementation.

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White Paper on National Environmental Management of the Ocean
(No. 24 of 2014)

This White Paper sets out an approach whereby South Africa can, in the short term, increasingly accommodate coordinated sectoral management within the existing statutory framework. The White Paper envisages the simultaneous preparation of ocean environmental legislation aimed at improving the regulation and coordination of the management and development of South Africa's ocean.

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National Water Act
(Act 36 of 1998)

The purpose of this act is to provide for fundamental reform of the law relating to water resources; to repeal certain laws; and to provide for matters connected therewith.

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National Water Amendment Bill
(1999)

The purpose of this amendment bill is to amend the National Water Act, 1998 so as to effect textual improvements; and to change the procedure for the appointment of members of the Water Tribunal; and to provide for matters connected therewith.

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Seashore Act
(Act 21 of 1935)

The purpose of this act is to declare the State President to be the owner of the sea-shore and the sea within the territorial waters of the Republic; and to provide for the grant of rights in respect of the sea-shore and the sea, and for the alieanation of portions of the sea-shore and the sea and for matters incidental thereto.

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Seashore Amendment Act
(Act 190 of 1993)

The purpose of this amendment act is to amend the Seashore Act, 1935, so as to substitute a definition; and to make provision for offences and penalties and other remedies against offenders; and to make provision for matters connected therewith.

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Marine Living Resources Act
(Act 18 of 1998)

The purpose of this act is to provide for the conservation of the marine ecosystem, the long-term sustainable utilisation of marine living resources and the orderly access to exploitation, utilisation and protection of certain marine living resources; and for these purposes to provide for the exercise of control over marine living resources in a fair and equitable manner to the benefit of all the citizens of South Africa; and to provide for matters connected therewith.

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Maritime Zones Act
(Act 15 of 1994)

The purpose of this act is to provide for the maritime zones of the Republic; and to provide for matters connected therewith.

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Spatial Planning and Land Use Management Act
(Act 16 of 2013)

The purpose of this act is to provide a framework for spatial planning and land use management in the Republic; to specify the relationship between the spatial planning and the land use management system and other kinds of planning; to provide for the inclusive, developmental, equitable and efficient spatial planning at the different spheres of government; to provide a framework for the monitoring, coordination and review of the spatial planning and land use management system; to provide a framework for policies, principles, norms and standards for spatial development planning and land use management; to address past spatial and regulatory imbalances; to promote greater consistency and uniformity in the application procedures and decision-making by authorities responsible for land use decisions and development applications; to provide for the establishment, functions and operations of Municipal Planning Tribunals; to provide for the facilitation and enforcement of land use and development measures; and to provide for matters connected therewith.

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Regulations


Regulations in terms of the National Environmental Management Act, 1998: Control of Vehicles in the Coastal Zone
(Regulation, 2001) (NEMA) (Act 107 of 1998)

The purpose of this regulation is to provide for a general prohibition on the recreational use of vehicles in the coastal zone, to provide procedures for approving the use of vehicles in the coastal zone under specific circumstances, to provide measures for the enforcement of these regulations and to prescribe penalties in respect of contraventions.

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Guidelines in terms of the National Environmental Management Act, 1998: National Guidelines on the Implementation of Regulations Pertaining to the Control of Vehicles on the Coastal Zone
(Regulation, 2004) (NEMA) (Act of 1998)

The purpose of these guidelines is to guide the implementation of the Regulations and ensure consistency with the principles contained in the National Environmental Management Act, 107 of 1998, The NEMA principles in particular will direct how these Regulations are implemented.

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South African Water Quality Guidelines for Coastal Marine Waters: Guideline for Recreational Use
(Regulation, 2012) (National Guideline)

This document contains the revised guidelines for recreational waters of South Africa's coastal marine environment, which addresses some of the shortcomings of the previous version (DWAF, 1995). The aim is to provide managers and governing authorities with the background and guidance to define target ranges for recreational waters, as well as to provide guidance on the implementation thereof.?

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Guideline in terms of the National Environmental Management: Integrated Coastal Management Act: National Guideline for the Discharge of Effluent From Land-based Sources into the Coastal Environment
(Regulation, 2014) (National Guideline)

The goal of this guideline is to achieve coastal water quality that is fit for use and a healthy aquatic system that is maintained on a sustainable basis while allowing for justifiable social and economic development. This will be achieved in accordance with the hierarchy of decision-making of water quality management, namely: prevention of waste; minimisation of waste; and responsible disposal.

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Regulations in terms of the National Environmental Management Act, 1998: Environmental Impact Assessment Regulations
(Regulation, 2014) (NEMA) (Act 107 of 1998)

The purpose of these Regulations is to regulate the procedure and criteria as contemplated in Chapter 5 of the Act relating to the preparation, evaluation, submission, processing and consideration of, and decision on, applications for environmental authorisations for the commencement of activities, subjected to environmental impact assessment, in order to avoid or mitigate detrimental impacts on the environment, and to optimise positive environmental impacts, and for matters pertaining thereto.

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Guideline in terms of the National Environmental Management: Biodiversity Act: Guideline Regarding the Determination of Bioregions and the Preparation of and Publication of Bioregional Plans                
(Regulation, 2009) (National Guideline) (NEMA) (Act 10 of 2004)

This guideline explains the nature and objectives of a bioregional plan, including its relationship to IDPs prepared in terms of the Municipal Systems Act, SDFs (which form part of the IDP}, and other planning and environmental authorisation tool; provide guidance on: determining the boundaries of a bioregion; the contents of a bioregional plan; the process of publishing a bioregional plan; and explains SANBI's support and advisory role in relation to bioregional plans.

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Programme in terms of the National Environmental Management: Integrated Coastal Management Act, 2008: National Coastal Management Programme
(2014) (NEMA) (Act 24 of 2008)

The NCMP framework, including the framework for cooperative governance, provided the template for the detailed Situation Analysis related to coastal management in South Africa, as well as providing a structured approach to engage with the stakeholders. Following a detailed situational analysis and a key stakeholder consultation process, nine key priorities for coastal management was identified, that is key issues that are currently preventing South Africa from achieving the Vision for our coast. For each of the key priorities the NCMP then set out a series of national goals and associated management objectives specifically aimed at areas which coastal management efforts at national government level must address.

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Strategy in terms of the National Environmental Management: Integrated Coastal Management Act, 2008: National Coastal Access Strategy
(2014) (NEMA) (Act 24 of 2008)

The purpose of this document is to provide strategic direction to the establishment and maintenance of coastal access in South Africa. It aims to provide the framework within which coastal municipalities must designate coastal access and coastal access land (as per Section 18 of the ICM Act) within their respective coastal public property.

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