Contents: Obligations of Parliament and its separate bodies

National Empowerment Fund Act 105 of 1998

2 Establishment of National Empowerment Fund

A trust called the 'National Empowerment Fund' (NEF) is established.

4 The Trust

(1) The Trust is constituted as a body corporate with perpetual succession, and subject to the provisions of this Act, will be capable in law, in its own name, of suing and being sued, of acquiring, holding and alienating movable and immovable property, and of performing such acts as a body corporate may by law perform.
(2) The Trust shall consist of not less than 7 but not more than 11 trustees appointed in terms of section 8.

20 Reports

(1) The Trust must-
(b) annually, within six months from the end of each financial year, furnish the Minister with a consolidated report with regard to the functions, affairs, activities and financial position of the Trust during that financial year and provide a statement of the progress achieved towards realization of the purposes of this Act in that financial year.
(3) The Minister must, within 14 days after he or she has received a copy of the annual report, table it in Parliament if Parliament is then in ordinary session or, if Parliament is not then in ordinary session, within 14 days after the commencement of its next ordinary session.
28 Dissolution of Trust and Distribution
(1) The Trust may be dissolved on a date determined by an Act of Parliament.
(2) The assets or the proceeds of those assets must, after the payment of all the liabilities of the Trust or the assumption thereof by the State pursuant to an Act of Parliament, upon dissolution of the Trust, be ceded and transferred to the State or any beneficiary as may be appointed by the Act of Parliament referred to in subsection (1).

National Environmental Management: Air Quality Act 39 of 2004

6. Conflicts with other legislation

(2) In the event of any conflict between subordinate legislation issued in terms of this Act and-

(b) provincial legislation, the conflict must be resolved in terms of section 146 of the Constitution; and

(3) For the proper application of subsection (2)(b) the Minister must, in terms of section 146(6) of the Constitution, submit all subordinate legislation issued in terms of this Act and which affects provinces to the National Council of Provinces for approval.

National Environmental Management: Biodiversity Act 10 of 2004

8 Conflicts with other legislation
(2) In the event of any conflict between subordinate legislation

issued in terms of this Act and-

(b) provincial legislation, the conflict must be resolved in terms of section 146 of the Constitution; and
(3) For the proper application of subsection (2)(b) the Minister must, in terms of section 146(6) of the Constitution, submit all subordinate legislation issued in terms of this Act which affects provinces to the National Council of Provinces for approval.

34 Amendment or withdrawal of declarations

(2) The declaration of state land as a national botanical garden, or part of an existing national botanical garden, may not be withdrawn and a part of a national botanical garden on state land may not be excluded from it except by resolution of each House of Parliament.

40 Bioregions and bioregional plans

(1) The Minister or the MEC for environmental affairs in a province may, by notice in the Gazette-

(a) determine a geographic region as a bioregion for the purposes of this Act if that region contains whole or several nested ecosystems and is characterised by its landforms, vegetation cover, human culture and history; and

(b) publish a plan for the management of biodiversity and the components of biodiversity in such region.

(5) The Minister-

(a) may enter into an agreement with a neighbouring country to secure the effective implementation of the plan; and

(b) must submit to Parliament a copy of any agreement entered into in terms of paragraph (a).

49 Monitoring

The Minister must for the purposes of this Chapter designate monitoring mechanisms and set indicators to determine-

(a) the conservation status of various components of South Africa's biodiversity; and

(b) any negative and positive trends affecting the conservation status of the various components.

(2) The Minister may require any person, organisation or organ of state involved in terms of subsection (1) in monitoring the matters referred to in that subsection to report regularly to the Minister on the results of such monitoring measured against the predetermined indicators.

(3) The Minister must-

(a) annually report to Parliament on the information submitted to the Minister in terms of subsection (2); and

(b) make such information publicly available.

National Environmental Management Act 107 of 1998 as amended by National Environmental Management Act 62 of 2008

3 Establishment, objects and functions of National Environmental Advisory Forum

(1) The National Environmental Advisory Forum is hereby established.

4 Composition

(1) The Forum consists of at least 12 but not more than 15 members appointed by the Minister.
(2) The Minister appoints persons who represent stakeholders, and persons who have experience, expertise or skills necessary to enable the Forum to carry out its functions: Provided that the Minister must take into account the desirability of appointing women, youth and persons disadvantaged by unfair discrimination and ensuring representation of vulnerable and disadvantaged persons.
(3) Before persons contemplated in subsection (2) are appointed, the Minister must-
(a) invite nominations from organised labour, organised business, non-governmental organisations and community-based organisations in a manner that he or she may consider appropriate, and invite nominations from others by notice in the Gazette, at least two nationally distributed newspapers, appropriate local newspapers and on the radio specifying a period within which nominations must be submitted;
(b) stipulate in such notice, the procedure to be adopted regarding such nominations; and
(c) consult with-
(i) the MECs; and
(ii) the Committees of the National Assembly and the National Council of Provinces that scrutinise environmental affairs.
6 Functioning of Forum
(3) The Minister must present an annual report to Parliament on the work of the Forum, including the following:
(a) the work plan for the next year;
(b) information and recommendations submitted; and
(c) financial report and budget.
7 Establishment, objects and functions of Committee
(1) The Committee for Environmental Co-ordination is hereby established.
10 Report of Committee
(1) The Committee presents an annual report on its activities to the Minister on the following:
(a) the work of the Committee and the work plan for the next year;
(b) comments submitted to the Director-General on the environmental implementation and environmental management plans received;
(c) recommendations made in respect of environmental implementation and environmental management plans received;
(d) recommendations made in order to secure compliance with the principles set out in section 2 and national norms and standards;
(e) law reform undertaken and proposed by organs of state represented on the Committee;
(f) compliance with environmental implementation and management plans by municipalities; and
(g) any other matter relevant to the co-ordination of policies, plans and programmes that may affect the environment.
(3) The Minister must present an annual report to Parliament on the work of the Committee, including the matters listed in subsection (1).
26 Reports
(1) The Minister must report to Parliament once a year regarding international environmental instruments for which he or she is responsible and such report may include details on-
(a) participation in international meetings concerning international environmental instruments;
(b) progress in implementing international environmental instruments to which the Republic is a party;
(c) preparations undertaken in respect of international instruments to which the Republic is likely to become a party;
(d) initiatives and negotiations within the region of Southern Africa;
(e) the efficacy of co-ordination mechanisms; and
(f) legislative measures that have been taken and the time frames within which it is envisaged that their objectives will be achieved.
(2) (a) The Minister must initiate an Annual Performance Report on Sustainable Development to meet the government's commitment to Agenda 21.
(b) (i) The Annual Performance Report must cover all relevant activities of all national departments and spheres of government.
(ii) All relevant organs of state must provide information to the Minister by a date to be determined by the Minister for the purposes of the report referred to in paragraph (a) and this may consist of an assembly of information compiled for other purposes.
(c) The Minister may appoint persons as he or she considers necessary to act as a Secretariat to ensure preparation of the report.
(d) The purpose of the report shall be to-
(i) provide an audit and a report of the government's performance in respect of Agenda 21;
(ii) review procedures for co-ordinating policies and budgets to meet the objectives of Agenda 21; and
(iii) review progress on a public educational programme to support the objectives of Agenda 21.
47 Procedure for making regulations
(1) Before making any regulations under this Act, a Minister or MEC must-
(a) publish a notice in the relevant Gazette-
(i) setting out the draft regulations; and
(ii) inviting written comments to be submitted on the proposed regulations within a specified period mentioned in the notice; and
(b) consider all comments received in accordance with paragraph (a) (ii).
(2) The Minister must, within 30 days after promulgating and publishing any regulations under this Act, table the regulations in the National Assembly and the National Council of Provinces, and an MEC must so table the regulations in the relevant provincial legislature or, if Parliament or the provincial legislature is then not in session, within 30 days after the beginning of the next ensuing session of Parliament or the provincial legislature.
(3) Notwithstanding subsection (2), any regulation made in terms of section 24(5)(bA) must be submitted to Parliament 30 days prior to publication.
National Environmental Management: Integrated Coastal Management Act 24 of 2008
8. Extending coastal public property
(1) The Minister may, by notice in the Gazette, declare in the manner contemplated in subsection (2) any state-owned land as coastal public property in order—

(a) to improve public access to the seashore;

(b) to protect sensitive coastal ecosystems;

(c) to secure the natural functioning of dynamic coastal processes;

(d) to facilitate the achievement of any of the objects of this Act; or

(e) to protect people, property and economic activities from risks arising from dynamic coastal processes, including the risk of sea-level rise.
(2) Before declaring state-owned land as coastal public property in terms of subsection (1), the Minister must—

(a) consult with interested and affected parties; and

(b) obtain the concurrence of the Minister, or of the MEC of the province, responsible for managing that state-owned land.
(3) The declaration of state-owned land as coastal public property in terms of subsection (1) may only be withdrawn by the Minister by notice in the Gazette with the prior approval of Parliament.
27. Determining and adjusting coastal boundary of coastal public property
(1) When determining or adjusting the inland coastal boundary of coastal public property, the Minister must take into account—

(a) the dynamic nature of the shoreline;

(b) the need to make appropriate allowance for—

(i) the periodic natural movements in the high-water mark; and

(ii) the erosion and accretion of the seashore;

(c) the importance of ensuring the natural functioning of dynamic coastal processes and of extending the coastal boundaries of coastal public property to include the littoral active zone and sensitive coastal ecosystems, including coastal wetlands;

(d) the potential effects of projected rises in sea-level; and

(e) any other factor that may be prescribed.

(2) The Minister may exclude any area from coastal public property for government purposes, by proclamation.

(3) Before excluding any area from coastal public property in terms of subsection (2), the Minister must consult with interested and affected parties in terms of Part 5 of Chapter 6.
(4) The Minister may exclude any area from coastal public property for any other purpose with the ratification of Parliament.

National Environmental Management Protected Areas Act 57 of 2003
7 Conflicts with other legislation

(2) In the event of any conflict between subordinate legislation issued in terms of this Act and-

(b) provincial legislation, the conflict must be resolved in terms of section 146 of the Constitution;…

(3) For the proper application of subsection (2) (b) the Minister must, in terms of section 146 (6) of the Constitution, submit all subordinate legislation issued in terms of this Act and which affects provinces to the National Council of Provinces for approval.

19 Withdrawal of declaration or exclusion of part of special nature reserve
The declaration of an area as a special nature reserve, or as part of an existing special nature reserve, may not be withdrawn and no part of a special nature reserve may be excluded from the reserve except by resolution of the National Assembly
21 Withdrawal of declaration or exclusion of part of national park

(1) A declaration under section 20 may only be withdrawn-

(a) by resolution of the National Assembly; or

23. Declaration of nature reserve

(1) The Minister or the MEC may by notice in the Gazette-

(a) declare an area specified in the notice-

(i) as a nature reserve; or

(ii) as part of an existing nature reserve; and

(b) assign a name to the nature reserve.
24 Withdrawal of declaration or exclusion of part of nature reserve

(1) A declaration under section 23 (1) may only be withdrawn-

(a) in the case of a declaration by the Minister, by resolution of the National Assembly;

National Environmental Management: Waste Act 59 of 2008

69 Melawana ka Tona
(6) Any regulation which pertains to the treatment of waste by means of incineration must be submitted to the National Assembly 30 days prior to publication.