Examining the scope and application of section 24G of the National Environmental Management Act 107 of 1998 (NEMA)
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Date
2020
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Abstract
The purpose of section 24G of NEMA is to identify, assess and manage the damage already
incurred, together with future impacts arising from an unlawful commenced activity. It is not
punitive and does not derogate from criminal prosecution at any stage, due to the unlawful
commencement of the listed activity. The section 24G of NEMA decision would either be a
refusal to authorise or an authorisation to conduct or continue with the rehabilitation and
management of future impacts and environmental damage already incurred. All activities
irrespective of whether the activity has an operational aspect or not, would fall within the scope
of section 24G of NEMA. Although section 24G of NEMA, in its current form, is not of perfect
lucidity, it is capable of being applied with reasonable certainty. The option of the use of
environmental offsets as a remedial measure for addressing the damage already incurred, and by
excluding decommissioning activities that have already been completed from its application,
section 24G of NEMA can be applied affectively to serve its legitimate purpose.
Description
Masters Degree. University of KwZulu-Natal, Pietermaritzburg.