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How Does National Environmental Management Act Protect the Environment?

NEMA provides a range of tools aimed specifically at protecting the environment. These include the following:

  • Integrated environmental management: NEMA regulates the system of environmental impact assessments (EIA). The Government has passed a number of EIA regulations in terms of NEMA which set out the EIA processes and requirements. These require that the potential impact on the environment of certain listed activities must be considered, assessed and reported on to the relevant authorities. There are several lists of activities. One list sets out activities for which a full environmental impact assessment is required before such activities can be carried out; while another list sets out activities for which only a basic environmental assessment is required before the activities may be carried out. A further list sets out activities in specific geographical areas that require environmental authorisation.
  • Duty of care to protect the environment: people whose activities cause significant pollution or degradation (spoiling) of the environment must take reasonable steps to prevent the pollution or degradation from happening, or to prevent such pollution or degradation from continuing. If the activity is authorised by law or cannot reasonably be avoided or stopped, NEMA requires that the responsible person take steps to minimise (lessen) and remedy the pollution or degradation.
  • Worker protection: Workers can refuse to do environmentally hazardous work.
  • Emergency situations: NEMA sets out detailed procedures that must be followed by people in the case of an emergency incident occurring which will impact on the environment.
  • Protection of whistleblowers: People who disclose information of an environmental risk (whistleblowers) are protected.
  • Private prosecution: People can prosecute others if it is in the public interest or in the interests of protecting the environment where the state fails to do so.
  • Access to environmental information: People have the right to have access to environmental information from the government or private persons.
  • Controlling the use of vehicles in the coastal zone: the Off-Road Vehicle Regulations (ORV Regulations) regulate the use of vehicles on the shoreline and the establishment of boat launching facilities.