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National Environmental Management Act, 1998 (Act No. 107 of 1998)

Chapter 8 : Environmental Management Co-Operation Agreements

35. Conclusion of Agreements


(1) The Minister and every MEC and municipality, may enter into environmental management co-operation agreements with any person. or community for the purpose of promoting compliance with the Principles laid down in this Act.


(2) Environmental management co-operation agreements must—
(a) only be entered into with the agreement of—
(i) every organ of state which has jurisdiction over any activity to which such environmental management co-operation agreement relates;
(ii) the Minister and the MEC concerned;
(b) only be entered into after compliance with such procedures for public participation as may be prescribed by the Minister; and
(c) comply with such regulations as may be prescribed under section 45.


(3) Environmental management co-operation agreements may contain—
(a) an undertaking by the person or community concerned to improve on the standards laid down by law for the protection of the environment which are applicable to the subject matter of the agreement;
(b) a set of measurable targets for fulfilling the undertaking in (a), including dates for the achievement of such targets; and
(c) provision for—
(i) periodic monitoring and reporting of performance against targets;
(ii) independent verification of reports;
(iii) regular independent monitoring and inspections;
(iv) verifiable indicators of compliance with any targets, norms and standards laid down in the agreement as well as any obligations laid down by law;
(d) the measures to be taken in the event of non-compliance with commitments in the agreement, including where appropriate penalties for non-compliance and the provision of incentives to the person or community.