to provide for national norms and standards regulating air quality monitoring, management and controlby all spheres of government; for specific air quality measures; andfor matters incidental thereto.
newand innovative approaches to legislation are required to protect, restore and enhance the air quality in the Republic.
CHAPTER 1 1. 5.
any other subordinate legislation issued in terms of this Act.
Inthis Act, a word or expression derived from a word or expression defined in subsection (1)has a corresponding meaning unless the context indicates that another meaning is intended.
The object of this Act is to protect, restore and enhance the quality of air in the Republic, taking into account the need for sustainable development.
through the organs of state implementing this Act, must endeavour to protect, restore and enhance the quality of air in the Republic; and mustimplement this Act to achieve the progressive realisation of those rights.
in the Republic, including its territorial waters, exclusive economic zone and continental shelf as described in the Maritime Zones Act, 1994(Act No. 15of 1994); and to all activities affecting the quality of air in South Africa.
This Act, excluding section 44, binds all organs of state -in the national and local spheres of government; and in the provincial sphere of government, subject to section 146 of the Constitution.
read with the provisions of the National Environmental Management Act; and interpreted and applied in accordance with the principles set out in section 2 of that Act.
(d) air quality management planning; and air quality information management.
may differentiate between different geographical areas; and may be amended from time to time.
Before publishing the national framework, or any amendmentto the framework, the Minister must follow a consultative process in accordance with sections 49 and 50.
Subsection (4)neednotbe applied to a non- substantive change to the framework.
the performance of municipalities in implementing this Act.
impact of; and compliance with, air quality management plans and priority area air quality management plans; and compliance with the Republic's obligations in terms of international agreements.
Part 2: Provincial and local norms andstandards Provincial standards for ambient air quality and emissions -9.
ambient air quality, including the permissible amount or concentration of each such substance or mixture of substances in ambient air; or emissions from point or non-point sources in the province or in any geographical area within the province.
If national standards have been established in terms of section 7 for any particular substance or mixture of substances, an MEC may not alter any such national standards except by establishing stricter standards for theprovince or for any geographical area withinthe province.
A notice in terms of this section may differentiate betweendifferent geographical areas within the province.
Before publishing a notice in terms of this section, or any amendment to the notice, the MEC must follow a consultative process in accordance with sections49 and 50.
Subsection (4)neednotbe applied to a non- substantive change to the notice.
identify substances or mixtures of substances in ambient air which, through ambient concentrations, bioaccumulation, deposition or in any other way, present or islikely to present a threat to health or the environment in the municipality; and in respect of each of those substances or mixtures of substances, establish local standards for emissions from point or non-point sources in the municipality.
If national or provincial standards have been established in tenns of section 7 or 9 for any particular substance or mixture of substances, a municipality may not alter any such national or provincial standards except by establishing stricter standards for the municipality.
Before a municipality passes a by-law referred to in subsection (l),itmust follow a consultative processin terms of Chapter 4of the Municipal Systems Act.
For the purpose of this Chapter, the Minister must by regulation in terms of section...
ambientair quality measurements must be carried out; and measurements of emissions from point or non-point sources must be carried out.
The Minister may, by notice in the Gazette, establish a National Air Quality Advisory Committee to advise the Minister on the implementation of this Act.
any other matter relating to the Committee.
The Minister must.designate an officer in the Department as the national air quality officer to be responsible for co-ordinating matters pertaining to air quality management in the national government.
The MEC responsible for air quality in a province must designate an officer in the provincial administration as the provincial air quality officerto be responsible for co-ordinating matters pertaining to air quality management in the province.
Each municipality must designate an air quality officer from its administration to be responsible for co-ordinating matters pertaining to airquality management in the municipality.
An air quality officer must perform the duties or exercise the powers assigned or delegated to that officer in terms of this Act.
An air quality officer may delegate a duty or power referred to in subsection (4) to a person in the service of that oEcer's administration, subject to any limitations or conditions as may be prescribed by the Minister by regulation in terms of section 46.
Air quality officers must co-ordinate their activities in a manner as may be set out in the national framework or prescribed by the Minister by regulation in terms of section 46.
Each national department or province responsible for preparing an environmental implementation plan or environmental management planin terms of Chapter 3 of the National Environmental Management Act must iri Aude in that plan an air quality management plan.
Each municipality must include in its integrated development plan envisaged in section 25 of the Municipal Systems Act, an air quality management plan.
describe how the department, province or municipality will give effect to its air quality management plan; and comply with any other the requirements as may be prescribed by the Minister by regulation in terms of section 46.
measures taken by it to secure compliance with those standards; and its air quality monitoring activities.
ambient air quality standards are being or are likely to be exceeded in the area, or any other situation exists which is causing, or is likely to cause, a significant negative impact on air quality in the area; and the area requires specific air quality management action to rectify the situation.
the area extends beyond provincial boundaries; or the area falls within a province and the province requests the Minister to declare the area as a priority area.
The h4EC responsible for air quality in a province may in terms of subsection (1) declare an area falling within the province as a priority area. The MECs responsible for air quality in two or more adjoining provinces may by joint action declare an area falling within those provinces as a priority area.
Before publishing a notice in terms of subsection (l),the Minister or MEC must follow a consultative process in accordance with sections 49 and 50.
The declaration of an area as a priority area must be withdrawn if the area is in compliance with ambient air quality standards.
after consulting the air quality officers of the affected provinces and municipalities, prepare a priority area air quality management plan for the area; and within six monthsof the declaration of the area, or such longer period as the Minister may specify, submit the plan to the Minister for approval.
after consulting the national air quality officer.
@ within six months of the declaration of the area, or such longer period as the MEC may speclfy, submit the plan to the MEC for approval.
may require the relevant air quality officer to amend the plan within a period determined by the Minister or MEC.
The Minister or MEC must publish an approved plan in the Gazette within 90 days of approval. An approved plan takes effect from the date of publication.
(b)may for this purpose provide for the establishment of a committee representing relevant role players.
A priority area air quality management plan lapses when the declaration of the area as a priority area is withdrawn in terms of section 17 (5).
penalties for any contravention of or any failure to comply with such plans; and regular review of such plans.
making other changes to particulars on the list.
A list published by the Minister applies nationally and a list published by an MEC applies in the relevant province only.
This subsection need not be applied to a non- substantive change to a notice.
(b)may contain transitional and other special arrangements in respectofactivitieswhich are carried out at the time of their listing.
commence with the construction of infrastructure for the carrying out of a listed activity.
When an applianceor activity results in atmospheric emissions which through ambient concentrations, bioaccumulation, deposition or in any other way, presents oris likely to present a threat to health or the environmental, the Minister or the MEC responsible for air quality in a province may, by notice in the Gazette, declare any appliance or activity within a category specified in the notice to be a controlled emitter.
the Republic's obligations in terms of any applicable international agreements.
Subsection (2) neednotbe applied to a non-substantive change to a notice.
The Minister or MEC must set emission standards for any appliance or activity declared as a controlled emitter in terms of section 22.
the concentration values of such specified pollutants.
The Minister must by regulation in tenns of section 46 prescribe the manner in which measurements of emissions from controlled emitters must be carried out.
declare any substance contributing to air pollution as a priority air pollutant; and require persons falling within a category specified in the notice to prepare and implement pollution prevention plans in respect of a substance declared as a priority pollutant in terms of paragraph (a).
An air quality officer may, by written notice to a person carrying out an activity listed in terms of section 20 and which involves the emission of a substance declared as a priority pollutant, require that person to prepare and implement a pollution prevention plan, whether or not that person falls within a category specified in terms of subsection (1)(b).
Pollutionprevention plans must complywith requirements as may be prescribed by the Minister by regulation in terms of section 46.
In order to promote compliance with the national envi.
(c) (d) (e) (f) (g) the use of renewable energy sources; increased energy efkiency; the utilisation of lesscarbon intensive fuels; conservation measures to enhance greenhouse sinks ananymatter mentioned in section 35 of the National Enany other related matter.
An air quality officer may establish a programme for the public recognition of significant achievements in the area of pollution prevention.
The occupier of any premises at which a process is carried on maynot cause or permit the emission of any offensive odour.
Metropolitan and district municipalities are charged with implementing the atmospheric emission licensing system referred to in Part 2 of Chapter 4, and must for this purpose perform the functions of licensing authority as set out in this Chapter.
A person may apply for an atmospheric emission license by lodging to the licensing authority of the area in which the listed activity is or is to be carried out, an application on the form prescribed by the licensing authority in terms of its by-laws.
a processing fee as may be prescribed Minister by regulation in terms of section 46; and any documentation and information as may be prescribed by the licensing authority in terms of its by-laws.
(d)must afford the applicant an opportunity to make representations on any adverse statements or o;.jections to the application.
Section 24 of the National Environmental Management Actappliesto all applications for atmospheric emission licenses, and both an applicant and the licensing authority must comply with the requirements of that section.
An applicant must take appropriate steps to bring the application to the attention of relevant organs of state, interested persons and the general public.
stating a reasonable period within which written representations on or objections to the application may be submitted, and the address or place where representations or objections must be submitted; and containing such other particulars as the licensing authority may require.
any submissions from organs of state, interested persons and the public; and any guidelines issued by the Minister or the MEC responsible for air quality in the relevant province relating to the performance by licensing authorities of their functions.
grant an application; or refuse the application.
9 any ambient air quality or emission standards that have been determined in terms of this Act.
in e manner determined by the licensing authority, notify any persons who have objected to the application; and at the request of any person referred to in paragraph (a) or (b), give written reasons for its decision or make public its reasons.
If an application for an atmospheric emission license has been granted in terms of section 33 (1)(a), the licensing authority must first issue a provisional atmospheric emission license to enable the installation and commissioning of the listed activity.
as the licensing authority may determine; and as the Minister or the MEC responsible for air quality in the relevant province has prescribed by regulation in terns of section 46 or 47 for listed activities of the kind in question.
The holder of a provisional atmospheric emission license is entitled to an atmospheric emission license whenthe commissioned facility is in full compliance with the conditions and requirements of the provisional atmospheric emission license.
as the licensing authority may determine; and as the Minister or the h4EC responsible for air quality in the relevant province has prescribedby regulation in terms of section 46 or 47 for listed activities ofthekind in question.
greenhouse gas emission measurement and reporting requirements; and any other conditions which are necessary to protect air quality.
any action taken, or to be taken, to prevent any recurrence of that failure or to mitigate the effects of that failure.
An atmospheric emission license may with the permission of the licensing authority be transferred by the holder of the license to another person.
A person may apply for permission for the transfer of an atmospheric emission license by lodging to the licensing authority of the area in which the listed activity is carried out, an application on the form prescribed by the licensing authority in terms of its by-laws.
When considering an application for an atmospheric emission license, the licensing authority must take into account all relevant matters, including whether the person to whom the license is to be transferred is a fit and proper person determined in accordance with the criteria set out in section 42.
ifit is necessary or desirable for the purposes of achieving ambient.
if it is necessary or desirable to accommodate demands brought about by impacts on socio-economic circumstances and it is in the public interest to meet those demands; or at the written request of the holder of the license.
the removal of a condition or requirement; or the amendment ofa condition or requirement.
A license may be varied at any time during its currency, including on its being transferred to another person.
the variation of the license will authorise a significant increase in the environmental impact regulated by the license; and the proposed variation has not, for any reason, been the subject of an authorisation in terms of any other legislation and public consultation.
stating a reasonable period within which written representations on or objections to the request may be submitted, and the address or place where representations or objections must be submitted; and containing such other particulars as the licensing authority may require.
A licensing authority must review an atmospheric emission license at intervals specified in the license.
An atmospheric emission license may on application by the holder of the license be renswed by a licensing authority.
The hoider of an atmospheric emission license may before the expiry date of the license apply for the renewal of the license to the licensing authority of the area in which the listed activity is carried out, by lodging to the licensing authority an application on the form prescribed by the licensing authority in terms of its by-laws.
The holder of a provisional atmospheric emission license may not apply for the renewal of the provisional license more than once.
An air quality officer may require the holder ofan atmospheric emission license to designate an emission control officer, having regard to the size and nature of the listed activity for which the license was granted.
take all reasonable steps to ensure compliance with the license conditions and requirements.
Nothing in this section affects the obligations and liability of the holder of a license to comply with the conditions and requirements of the license.
whether the management of the listed activity which is'the subject of the application will or will not be in the hands of a technically competent person.
trans-boundary air pollution; or air pollution that violates, or is likely to violate, an international agreement binding on the Republic in relation to the prevention, control or conection of pollution, as a result of a substance or substances being released into the air froma source.
If, after such investigation, the Minister is of the opinion that the release of a substance into the air fiom a source in the Republic may have a significant detrimental impact on air quality, the environment or human health in a country other than the Republic, the Minister may in terms of section 46 prescribe regulations for the purposes of preventing, controlling or correcting the releases within the Republic.
the MEC responsible for air quality in each of the provinces concerned.
(d)the conduct of sampling, analyses, tests, measurements or monitoring of the substance and the submission of the results to the Minister; and the conditions, test procedures and laboratory practices to be followed for conducting sampling, analyses, tests, measurements or monitoring of the substance.
The Minister may, through the Cabinet member responsible for foreign affairs, advise the government of any country that would be affected by or benefit fiom the identification, notice or regulation before it is published.
contravenes or fails to comply with a conditionsubject to which exemption from a provision of this Act was granted in terms of section 51.
A person operating a controlled emitter is guilty of an offence if specified pollutants at concentrations above the standards for such pollutants are emitted fromthat controlled emitter.
A person operating a listed activity is guilty of an offence if specified pollutants at concentrations above the emission limits specified in an atmospheric emission license is emitted from that activity.
A person convicted of an offence referred to in section 44 is liable to a fine, or to imprisonment for a period not exceeding ten years, or to both such fine and such imprisonment.
the extent of the convicted person's contribution to the overall pollution load of the area under normal working conditions.
the avoidance or reduction of harmful effects on air quality from activities not otherwise regulated in terms of this Act; or any other matter necessary for the implementation of this Act.
The MEC may make regulations not inconsistent with this Act, regarding a matter referred to in section 46 (c) to (n)?
9 generally throughout the Republic or a province as thecase may be, or only in a specified area or category of areas; o?
incorporate by reference any code of practice or national and internationalstandard relating to air quality.
Before publishing any regulations in terms of section 46 or 47, or any amendment to the regulations, the Minister or MEC must follow a consultative processin accordance with sections 49 and 50.
Subsection (3) need not be applied to a non-substantive change to the regulations.
Before exercising a power which, in terms of a provision of this Act, must be exercised in accordance with this section and section 50, the Minister or MFC responsible for air quality in the province must follow a consultative process as may be appropriate in the circumstances.
Constitution, consult the MEC responsible for air quality in each province that will be affected by the exercise of the power; and allow public participation in the process in accordance with section 50.
(c)allowpublic participation in the process in accordance with section 50.
in the Gazette; and in at least one newspaper distributed nationally, or if the exercise of the power will affect only a specific area, in at least one newspaper distributed in that area.
invite members of the public to submit to the Minister or MEC, within 21 days of publication of the notice in the Gazette, written representations on or objections to the proposed exercise of the power; and contain sufficient information to enable members of the public to submit meaningful representations or objections.
The Minister or MEC may in appropriate circumstances allow any interested person or community to present oral representations or objections to the Minister or MEC, or a person designated by the Minister or MEC.
The Minister or MEC must give due consideration to all representations or objections received or presented before exercising the power.
An application in terms of subsection (1) must be accompanied by reasons.
grant the application or grant the application on conditions; or refuse the application.
TheAtmospheric Pollution Prevention Act is hereby repealed.
Anything done or deemed to have been done under a provision repealed by subsection (1)and which can be done in terms of a provision of this Act, must be regarded as having been done under the provision of this Act.
At the commencement of this Act all existing registration certificates issued in respect of processes identified in Schedule 2 of the Atmospheric Pollution Prevention Act must be deemed to be provisional atmospheric emission licenses issued in terms of this Act for a period of two years from the commencement of this Act.
The national air quality officer must issue written confirmation to holders of such registration certificates of the change in status of their atmospheric emission authorisation within 90 days of the commencement of this Act.
The holders of a written confirmation referred to in subsection (2) mustmake an application for an atmospheric emission license within one year of the commencement of this Act.
Failure to makethe necessary application within the period provided under subsection (3) renders the provisional atmospheric emission license referred to in subsection (1) null and void.
The holder of a provisional atmospheric emission license contemplated in subsection (1)is entitled to an atmospheric emission license when the facility for which the licerse is issued is in full compliance with the requirements of the provisional atmospheric emission license.
Despite subsection (5), the licensing authority may require a review of the provisional atmospheric emission license in terms of section 39 or a variation as provided €or in section38 before the atmospheric emission license contemplated in of subsection (5)is granted.
Pending the identification of listed activities as contemplated in section 20, the processes identified in Schedule 2 of the Atmospheric Pollution Prevention Act must be regarded to be listed activities.
Pending the setting of standards referred to in section 6, the ambient air quality guidelines contained in the' Atmospheric Pollution Prevention Act continue to apply.
This Act is called the National Environmental Management: Air Quality Act, 2003, and takes effect on a date determined by the Minister by notice in the Gazette.