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National Environmental Management Act, 1998 (Act No. 107 of 1998)

Chapter 9 : Administration of Act and Specific Environmental Management Acts

44. Regulations in General

 

(1) The Minister may make regulations—
(a) dealing with any matter which under this Act must be dealt with by regulation;
(aA) prohibiting, restricting and controlling activities which are likely to have a detrimental effect on the environment;

[Section 44(1)(aA) amended by section 21(a) of Act 30 of 2013]

(aB) dealing with the production, prohibition, control, sale, distribution, import or export of products that may have a substantial detrimental effect on the environment;

[Section 44(1)(aB) inserted by section 21(a) of Act 30 of 2013]

(aC) relating to the procedure and criteria to be followed in the determination of an administrative fine in terms of section 24G;

[Section 44(1)(aCA) amended by section 21(a) of Act 30 of 2013]

(aD) relating to the procedure to be followed when oral requests are made in terms of section 30A;

[Section 44(1)(aD) amended by section 15(a) of Act No. 25 of 2014]

(aE) on the assessment and determination of environmental liability;

[Section 44(1)(aE) amended by section 15(a) of Act No. 25 of 2014]

(aF) auditing and reporting of environmental liability;

[Section 44(1)(aF) amended by section 15(a) of Act No. 25 of 2014]

(aG) the amendment of the financial provision; and

[Section 44(1)(aG) amended by section 15(a) of Act No. 25 of 2014]

(aH) any other matter necessary to facilitate the implementation of the financial provision.

[Section 44(1)(aH) amended by section 15(a) of Act No. 25 of 2014]

(b) generally, to carry out the purposes and the provisions of this Act.

 

(1A) Any regulation made under subsection (1) must be made after consultation with all Cabinet members whose areas of responsibility will be affected.

[Section 44(1A) inserted by section 21(b) of Act No. 30 of 2013]

 

(1B) Until such time that the regulations made under subsection (1) have come into effect, the existing standard operating procedure, adopted by the Minister for determining administrative fines in terms of section 24G, applies.

[Section 44(1B) inserted by section 21(b) of Act No. 30 of 2013]

 

(1C) Regulations made in terms of this Act or any other Act of Parliament that may have the effect of amending the provisions of the Agreement referred to in section 50A must be made by the Minister in concurrence with the Minister responsible for mineral resources and the Minister responsible for water affairs.

[Section 44(1C) inserted by section 15(b) of Act No. 25 of 2014]

 

(2) The Minister may make different regulations under this Act in respect of different activities, provinces, geographical areas and owners or classes of owners of land.

 

(3) The Minister may by regulation provide that infringements of certain regulations constitute criminal offences and prescribe penalties for such offences.