--- title: The NEMLA Act - the long-awaited shift in South Africa's environmental legislative landscape is finally here description: "The final signing into law of the NEMLA Act has introduced a major shift in South Africa’s environmental legislation from 24 June 2022 and will deter non-compliance with environmental laws.\nAct No. 2 of 2022 – undoubtedly the most significant piece of environmental legislation that has been published since the implementation of the One Environmental System (OES) in 2014 – has finally been signed into law. Read More!" image: https://insights.afriwise.com/hubfs/South%20Africa3.jpg --- [![Afriwise](https://insights.afriwise.com/hubfs/Logos/Afriwise/Afriwise%20logo.svg)](https://afriwise.com/) - [Products](https://afriwise.com/law-products-africa/) - [Countries](https://afriwise.com/countries-covered/) - [About Afriwise](https://afriwise.com/about-afriwise/) - [Contact](https://afriwise.com/contact/) - [News](https://news.afriwise.com/) - [Insights](https://insights.afriwise.com/blog) [Schedule a demo](https://afriwise.com/contact/) [Log in](https://afriwise.com/login/) - [Products](https://afriwise.com/law-products-africa/) - [Countries](https://afriwise.com/countries-covered/) - [Solutions](https://afriwise.com/solutions/) - [About Afriwise](https://afriwise.com/about-afriwise/) - Insights - [Contact](https://afriwise.com/contact/) - [News](https://news.afriwise.com/) [Schedule a demo](https://afriwise.com/contact/) [Log in](https://afriwise.com/login/) # The NEMLA Act - the long-awaited shift in South Africa's environmental legislative landscape is finally here [South Africa](https://insights.afriwise.com/blog/tag/south-africa) [Environment](https://insights.afriwise.com/blog/tag/environment) [Legislation](https://insights.afriwise.com/blog/tag/legislation) 29/06/2022 [Webber Wentzel](https://insights.afriwise.com/blog/author/webber-wentzel) The final signing into law of the NEMLA Act has introduced a major shift in South Africa’s environmental legislation from 24 June 2022 and will deter non-compliance with environmental laws.   Act No. 2 of 2022 – undoubtedly the most significant piece of environmental legislation that has been published since the implementation of the One Environmental System (OES) in 2014 – has finally been signed into law (the Act).   This Act started out as the National Environmental Laws Amendment Bill, known as 'the NEMLA Bill' or 'NEMLAA4', when it was introduced to Parliament in 2017. More than five years on, this Bill has finally ended its arduous parliamentary journey, which involved much debate and numerous changes following its rejection by the National Assembly in 2018, and its lapsing and subsequent revival in 2019. We were kept on tenterhooks until the very end, when, despite being passed by both the National Assembly and the National Council of Provinces on 1 March 2022, it took almost four months for the Bill to be signed into law.   From 24 June 2022, the Act has officially introduced a wholesale shift in South Africa's environmental legislative landscape. Many of these changes were intended to clean up a range of issues associated with the roll-out of the OES – which overhauled the manner in which environmental issues are regulated on mine sites, among other things. Overall, it is clear that the changes imposed by the Act aim to deter non-compliance with environmental laws by, among other things, introducing new offences, increasing the quantum of fines and administrative penalties where laws or licences have been contravened, and extending enforcement powers to enable more widespread enforcement of environmental laws.   In the next couple of weeks, we will explore these changes in a series of focused alerts. These alerts will consider the amendments to the National Environmental Management Act, 1998 (NEMA), the National Environment Management: Air Quality Act, 2004 (NEMAQA), and National Environmental Management: Waste Act, 2008 (NEMWA), among others, and explore what these changes mean for your business and way in which it operates. The important changes that will be considered include the following:           Section 24P will apply generally to the remediation of environmental damage in relation to specific instances which can be prescribed by the Minister of Environment, Forestry and Fisheries (Environment Minister) (or MEC in concurrence with the Environment Minister). When such instances have been prescribed, the FP must be 'determined' before an EA is issued. A new section 24PA has been introduced to specifically regulate FP requirements for mining. Failure to comply with certain requirements under section 24P or 24PA have now become criminal offences under NEMA and will constitute Schedule 3 offences for which director liability may be imposed. - **Changes in competency of the Minerals Minister** – The Minister of Mineral Resources and Energy (Minerals Minister) now has less power than this time last week. For example, section 48 of the National Environmental Management: Protected Areas Act, 2003 previously prohibited commercial prospecting, mining, exploration, or production from being undertaken in a protected environment without the permission of the Environment Minister and the Cabinet member responsible for minerals and energy affairs. As of last Friday, the decision to allow mining etc in a protected environment falls within the exclusive competence of the Environment Minister. Written permission is no longer required to be obtained from the Minerals Minister.           --   Read the full publication at [Webber Wentzel.](https://www.webberwentzel.com/News/Pages/the-nemla-act-the-long-awaited-shift-in-south-africas-environmental-legislative-landscape-is-finally-here.aspx) ## Related posts [Kenya](https://insights.afriwise.com/blog/tag/kenya) [Tax](https://insights.afriwise.com/blog/tag/tax) [Legislation](https://insights.afriwise.com/blog/tag/legislation) ## [Same Script, Different Cast: An Analysis of the Proposed Tax Laws (Amendment) Bill, 2024 and Tax Procedures (Amendment) (no.2) Bill, 2024 in Kenya](https://insights.afriwise.com/blog/same-script-different-cast-an-analysis-of-the-proposed-tax-laws-amendment-bill-2024-and-tax-procedures-amendment-no2-bill-2024-in-kenya) In response to the current economic landscape and the need for sustainable public finance, National Treasury has proposed significant amendments aimed at enhancing tax compliance, broadening the tax base, and improving the overall fiscal framework in Kenya. An important q.. [Read More](https://insights.afriwise.com/blog/the-nemla-act-the-long-awaited-shift-in-south-africas-environmental-legislative-landscape-is-finally-here) [Zambia](https://insights.afriwise.com/blog/tag/zambia) [Energy & Natural Resources](https://insights.afriwise.com/blog/tag/energy-natural-resources) [Legislation](https://insights.afriwise.com/blog/tag/legislation) ## [Government’s Proposed Acquisition of Mining Rights Under the Minerals Regulation Commission Bill](https://insights.afriwise.com/blog/governments-proposed-acquisition-of-mining-rights-under-the-minerals-regulation-commission-bill) Various stakeholders in the Zambian mining industry are eager to understand the implications of the draft Minerals Regulation Commission Bill once passed into law. A recurring theme that is causing apprehension amongst stake holders is section 15 of the Bill – which allow.. [Read More](https://insights.afriwise.com/blog/the-nemla-act-the-long-awaited-shift-in-south-africas-environmental-legislative-landscape-is-finally-here) [South Africa](https://insights.afriwise.com/blog/tag/south-africa) [Intellectual Property](https://insights.afriwise.com/blog/tag/intellectual-property) [Plant Breeding](https://insights.afriwise.com/blog/tag/plant-breeding) ## [A Rose by Any Other Name Would Smell as Sweet, but Sweet Enough to Be a Trade Mark?](https://insights.afriwise.com/blog/a-rose-by-any-other-name-would-smell-as-sweet-but-sweet-enough-to-be-a-trade-mark) South Africa is known internationally for its abundant flora. South African plant breeders regularly win awards at an international level for their unique and beautiful cultivars. From roses to aloes to all manner of drought-resistant and “South Africa friendly” flowers, .. [Read More](https://insights.afriwise.com/blog/the-nemla-act-the-long-awaited-shift-in-south-africas-environmental-legislative-landscape-is-finally-here) Subscribe to our newsletter - [Home](https://afriwise.com/) - [Products](https://afriwise.com/law-products-africa/) - [Countries](https://afriwise.com/countries-covered/) - [Solutions](https://afriwise.com/solutions/) - [About Afriwise](https://afriwise.com/about-afriwise/) - [FAQ](https://afriwise.com/faq/) - [News](https://news.afriwise.com/) - [Contact](https://afriwise.com/contact/) [Privacy Policy](https://afriwise.com/contact/) [Terms of Use](https://afriwise.com/contact/) [info@afriwise.com](mailto:info@afriwise.com) +32 2 808 92 74 © Afriwise N.V. 2026