NEMA sets out a range of national environmental management principles, some of which are set out below. The actions of all state institutions that ‘may significantly affect the environment’ must comply with these principles. These state institutions would include national, provincial and local government as well as state institutions like Eskom. The importance of these principles has been recognised by South African courts and include:
- Environmental management must put people and their needs first
- Development must be socially, environmentally and economically sustainable
- There should be equal access to environmental resources, benefits and services to meet basic human needs
- Government should promote public participation when making decisions about the environment
- Communities must be given environmental education
- Workers have the right to refuse to do work that is harmful to their health or to the environment
- Decisions must be taken in an open and transparent manner and there must be access to information
- The costs of remedying pollution, environmental degradation and negative impacts on health must be paid for by those responsible for such pollution, degradation and health impacts (the ‘polluter pays’ principle)
- The role of youth and women in environmental management must be recognised
- the environment is held in trust by the state for the benefit of all South Africans
- the utmost caution should be used when permission for new developments is granted