National Environmental Management Act Regulations
- The National Environmental Management Act (NEMA) of 1998 prevents pollution and ecological degradation, promotes conservation and guarantees sustainable development and use of natural resources in South Africa, reports the Environmental Law Alliance Worldwide. The Act regulates procedures and criteria for the submission, processing, consideration and decision of economic activities, such as mining, fishing and farming, that can interfere negatively with the environment and the people residing in it.
- Citizens in South Africa have to apply for an environmental authorization before starting an activity that involves natural resources, according to Chapter 3 of NEMA 1998. This application has to include a document called environmental impact assessment, which is performed by a biologist or environmental assessment practitioner not involved or economically linked to the described activity. The competent authority must acknowledge or reject the application within 14 days of receipt.
- According to Chapter 4 of NEMA, the competent authority can amend an environmental authorization on own initiative, if it is necessary "to prevent deterioration of the environment; to achieve prescribed environmental standards; or to accommodate demands brought about by impacts on socioeconomic circumstances and it is in the public interest to meet those demands."
- Chapter 8 of NEMA prohibits an applicant from submitting an application that is similar to a previous refused application, unless the new application contains information not previously submitted or a period of 3 years has passed since the refusal. According to NEMA Chapter 8, a person is guilty of an offense when providing incorrect or misleading information in any submitted document, which can result in 2 years of imprisonment.