What this course is about
The National Environmental Management Act 107 of 1998 (NEMA) is South Africa's framework environmental law. It sets the principles every organ of state must follow, governs how environmental authorisations for mining are decided, and gives every person duties and protections. This course explains NEMA in plain language, so that people can take part in decisions and know where to turn when the environment is harmed. Its last module applies these rules to the air people breathe, the water they use and the land they live on, including old mine sites that no longer have an owner.
Who it is for
Community members near mines and legacy mine sites, ward committee members, community monitors, environmental and civic organisations, mineworkers, local business owners, municipal officials and company staff who want a clear, procedural understanding of how environmental decisions about mining are made and challenged.
What you will be able to do
- Explain what NEMA is, name its key principles and say who decides mining environmental authorisations.
- Describe how environmental authorisation and public participation work, and how to appeal a decision.
- Explain the duty of care, emergency reporting, whistle-blower protection and legal standing under NEMA.
- Explain why mines must make financial provision for rehabilitation and closure, and how to report environmental harm.
- Describe how mine dust and water pollution can affect people, what the dust control rules require, and why legacy, derelict and ownerless mine sites remain a risk.
Preview: the first two minutes
Module 1 · Introduction · 2 min

Animation (fictional). Near Kopano, a farmer, a mine environmental officer and a school principal each look at the same stream. The farmer sees water for cattle, the officer sees a permit condition, and the principal sees a place where children play. The narrator asks: which law brings all three views into one decision?
Modules

Module 1 · 18 min
What NEMA is and its principles
Explain what NEMA is, name its key principles and say who decides mining environmental authorisations.

Module 2 · 18 min
Environmental authorisations and public participation
Describe how environmental authorisation and public participation work, and how to appeal a decision.

Module 3 · 18 min
Duties and protections for everyone
Explain the duty of care, emergency reporting, whistle-blower protection and legal standing under NEMA.

Module 4 · 18 min
Paying for closure and enforcing the law
Explain why mines must make financial provision for rehabilitation and closure, and how to report environmental harm.

Module 5 · 18 min
Air, water and land
Describe how mine dust and water pollution can affect people, what the dust control rules require, and why legacy, derelict and ownerless mine sites remain a risk.
Go deeper
- The Life After Mining course applies these rules to closure and post-mining land use.
- The Tailings and Communities course covers tailings facilities specifically.
- Read NEMA section 2 in full on the Law Library.
- Read the Webber Wentzel summary of the 2026 dust regulations.
Sources
- https://lawlibrary.org.za/akn/za/act/1998/107/eng@1999-01-29
- https://www.polity.org.za/article/govt-rolls-out-streamlined-licensing-process-to-enhance-mining-competitiveness-2014-12-08
- https://www.cliffedekkerhofmeyr.com/news/publications/2025/Practice/Corporate-Commercial/corporate-commercial-alert-26-March-new-environmental-appeal-regulations-key-developments-
- https://advocatekubensamie.substack.com/p/environmental-whistleblowers?open=false
- https://api.acts.co.za/national-environmental-management-act-1998/32__legal_standing_to_enforce_environmental_laws.php
- https://www.miningweekly.com/article/legal-requirements-for-mine-closure-in-south-africa-2023-07-06
- https://www.westerncape.gov.za/eadp/service/reporting-environmental-crimes-and-contraventions
- https://webberwentzel.com/News/Pages/the-national-dust-control-regulations-2026-whats-changed-and-what-you-need-to-do.aspx
- https://www.acts.co.za/national-environmental-management-waste-act-2008/r632_2__purpose_of_the_regulat.php
- https://www.icmm.com/en-gb/our-principles/mining-principles/mining-principles
- https://www.ifc.org/content/dam/ifc/doc/mgrt/ifc-performance-standards.pdf