National Environmental Management Act, 1998.

This Act sets out principles for environmental governance and provides with respect to an institutional framework for environment protection in South Africa. It also provides with respect to implementation of international agreements and compliance and enforcement in general. The Act consists of 53 sections divided into 10 Chapters and an interpretation section.
Chapter I sets out in detail the national environmental management principles that shall apply throughout the Republic to the actions of all organs of state that may significantly affect the environment. Chapter II makes provision with respect to environmental institutions: a National Environmental Advisory Forum is established under section 3 and a Committee for Environmental coordination under section 7. The Forum, which consists of at least 12 but not more than 15 members appointed by the Minister, shall inform the Minister of the views of stakeholders (not defined) regarding the application of the principles set out in section 2 and advise the Minister on any matter concerning environmental management and governance (sect. 4). The Committee is responsible for the promotion of the integration and coordination of environmental functions by the relevant organs of state, and in particular the promotion of the achievement of the purpose and objectives of environmental implementation plans and environmental management plans as set out in section 12. In Chapter III the procedures for environmental cooperative governance are outlined. The Chapter provides for environmental management plans to be reviewed by the Committee and other decision-making procedures within the administration. Chapter IV provides means for resolution of disputes between public bodies involved in environmental decision-making. The purpose of Chapter V is to promote the application of appropriate environmental management tools in order to ensure the "integrated environmental management" of activities. It defines the objectives of such management and provides for its implementation in sections 23 and 24. Chapter VI concerns international obligations and agreements, whereas Chapter VII provides for compliance, enforcement, measures to limit damage, and protection of workers refusing to do environmentally hazardous work of workers refusing to do environmentally hazardous work. The Minister and every MEC and municipality, may enter into environmental management cooperation agreements with any person or community for the purpose of promoting compliance with the principles laid down in this Act (Chapter VIII). Chapter IX contains provisions dealing with various miscellaneous matters relating to the administration of the Act including expropriation, the making of model by-laws and regulations, delegation, and appeal to the Minister. Chapter X concerns final and transitional matters. The Act is completed by 3 Schedules.