Submission on the Amendments to National Environmental Management Act of 1998

Natural Justice argues that proposed amendments to the s24H Registration Authority Regulations under the National Environmental Management Act (NEMA) would create prohibitive financial and procedural barriers for the public. Specifically, the requirement that only a registered environmental assessment practitioner (EAP) may perform tasks related to appeals under section 43 of NEMA would effectively bar impoverished communities and landowners from appealing Environmental Authorisations (EAs) and subsequently seeking judicial review. The organization contends this violates the constitutional right to procedurally fair administrative action and undermines South Africa's Just Energy transition by complicating the oversight of large-scale solar and wind energy projects.

• The proposed amendments to the s24H Registration Authority Regulations would require that only a registered environmental assessment practitioner (EAP) can perform tasks related to appeals under section 43 of NEMA, which Natural Justice argues will bar the public from appealing certain decisions.
• The requirement to hire a registered EAP for appeals would create a financial barrier for impoverished communities and interested parties, potentially sterilising their right to judicial review because internal appeals must be exhausted under the Promotion of Administrative Justice Act 3 of 2000 (PAJA) before seeking court review.
• The amendment targets the omission of activity 11 from the Environmental Impact Assessment Listing Notice 1 of 2014 and specifically affects the submission process for large-scale electricity transmission and distribution facilities, which has significant implications for South Africa's Just Energy transition, particularly solar and wind projects.

APA

Natural Justice (2022). Submission on the Amendments to National Environmental Management Act of 1998. https://naturaljustice.org/wp-content/uploads/2022/02/Natural-Justice-public-comment-on-NEMA-Amendment-Jan-2022.pdf

Chicago

Natural Justice. Submission on the Amendments to National Environmental Management Act of 1998. 2022. https://naturaljustice.org/wp-content/uploads/2022/02/Natural-Justice-public-comment-on-NEMA-Amendment-Jan-2022.pdf.

Wikipedia

{{cite press release |author=Natural Justice |title=Submission on the Amendments to National Environmental Management Act of 1998 |date=31 January 2022 |url=https://naturaljustice.org/wp-content/uploads/2022/02/Natural-Justice-public-comment-on-NEMA-Amendment-Jan-2022.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{naturaljustice2022submission, author = {{Natural Justice}}, title = {{Submission on the Amendments to National Environmental Management Act of 1998}}, publisher = {Natural Justice}, year = {2022}, month = jan, url = {https://naturaljustice.org/wp-content/uploads/2022/02/Natural-Justice-public-comment-on-NEMA-Amendment-Jan-2022.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }