South Africa
National Environmental Management: Air Quality Act, 2004
Act 39 of 2004
- Published in Government Gazette 27318 on 24 February 2005
- Assented to on 19 February 2005
- There are multiple commencements
- [This is the version of this document as it was from 19 May 2014 to 29 June 2023.]
Provisions | Status |
---|---|
Chapter 1 (section 1–6); Chapter 2 (section 7–12); Chapter 3 (section 13–17); Chapter 4, Part 1 (section 18–20); Part 3 (section 23–25); Part 4 (section 26–28); Part 5 (section 29–31); Part 6 (section 32–35); Chapter 6 (section 50); Chapter 7, section 51(1)(a), 51(1)(b), 51(1)(c), 51(1)(d), 51(1)(g), 51(1)(h), 51(2), section 52; Chapter 8 (section 53–59); Chapter 9, section 62–64 | commenced on 11 September 2005 by Government Notice R898 of 2005. |
Chapter 7, section 52(2)(c), 52(3) | commenced on 18 September 2009. |
Chapter 4, Part 2 (section 21–22); Chapter 5 (section 36–49); Chapter 7, section 51(1)(e), 51(1)(f), 51(3); Chapter 9, section 60, section 61 | commenced on 1 April 2010 by Government Notice 220 of 2010. |
Chapter 3, section 13(3); Chapter 4, Part 2, section 22A; Part 5, section 29(4); Chapter 5, section 36(3A), 36(3B), 36(3C), 36(3D), 36(5), 36(6), 36(7), 36(8), section 38(3)(b)(iiA), section 40(3A), section 41(3); Chapter 8, Part 1, section 53(aA), 53(lA) | commenced on 19 May 2014. |
- [Amended by National Environment Laws Amendment Act, 2008 (Act 44 of 2008) on 11 September 2009]
- [Amended by National Environment Laws Amendment Act, 2009 (Act 14 of 2009) on 18 September 2009]
- [Amended by National Environmental Management Laws Amendment Act, 2013 (Act 14 of 2013) on 24 July 2013]
- [Amended by National Environmental Management: Air Quality Amendment Act, 2014 (Act 20 of 2014) on 19 May 2014]
Chapter 1
Interpretation and fundamental principles
1. Definitions
2. Object of Act
The object of this Act is—3. General duty of State
In fulfilling the rights contained in section 24 of the Constitution, the State—4. Application of Act
5. Application of National Environmental Management Act
6. Conflicts with other legislation
Chapter 2
National framework and national, provincial and local standards
Part 1 – National framework
7. Establishment
8. National monitoring and information management standards
The national framework must establish national standards for—Part 2 – National, provincial and local ambient air quality and emission standards
9. National standards
10. Provincial standards
11. Local standards
Part 3 – General
12. Ambient air quality and emission measurements
For the purpose of this Chapter, the Minister must prescribe the manner in which—Chapter 3
Institutional and planning matters
13. National Air Quality Advisory Committee
14. Appointment of air quality officers
15. Air quality management plans
16. Contents of air quality management plans
17. Reporting on implementation of air quality management plans
The annual report which an organ of state must submit in terms of section 16(1)(b) of the National Environmental Management Act must contain information on the implementation of its air quality management plan, including information on—Chapter 4
Air quality management measures
Part 1 – Priority areas
18. Declaration of priority areas
19. Management of priority areas
20. Regulations for implementing and enforcing priority area air quality management plans
The Minister or MEC may prescribe regulations necessary for implementing and enforcing approved priority area air quality management plans, including—Part 2 – Listing of activities resulting in atmospheric emissions
21. Listing of activities
22. Consequences of listing
No person may without a provisional atmospheric emission licence or an atmospheric emission licence conduct an activity—22A. Consequences of unlawful conduct of listed activity resulting in atmospheric emission
Part 3 – Controlled emitters
23. Controlled emitters
24. Standards for controlled emitters
25. Consequences of declaration
Part 4 – Controlled fuels
26. Controlled fuels
27. Use and prohibition of controlled fuels
A notice contemplated in section 26(1) may—28. Consequences of declaration
Part 5 – Other measures
29. Pollution prevention plans
30. Atmospheric impact reports
An air quality officer may require any person to submit to the air quality officer an atmospheric impact report in a prescribed form if—31. Recognition programmes
An air quality officer may establish a programme for the public recognition of significant achievements in the area of pollution prevention.Part 6 – Measures in respect of dust, noise and offensive odours
32. Control of dust
The Minister or MEC may prescribe—33. Rehabilitation when mining operations cease
If it is determined that a mine, having regard to its known ore reserves, is likely to cease mining operations within a period of five years, the owner of that mine must promptly notify the Minister in writing—34. Control of noise
35. Control of offensive odours
Chapter 5
Licensing of listed activities
36. Licensing authority
37. Application for atmospheric emission licences
38. Procedure for licence applications
39. Factors to be taken into account by licensing authorities
When considering an application for an atmospheric emission licence, the licensing authority must take into account all relevant matters, including—40. Decisions of licensing authority
41. Successful applications
42. Issuing of atmospheric emission licences
43. Contents of provisional atmospheric emission licences and atmospheric emission licences
44. Transfer of provisional atmospheric emission licences and atmospheric emission licences
45. Review of provisional atmospheric emission licences and atmospheric emission licences
46. Variation of provisional atmospheric emission licences and atmospheric emission licences
47. Renewal of provisional atmospheric emission licences and atmospheric emission licences
48. Emission control officers
49. Criteria for fit and proper persons
In order to determine whether a person is a fit and proper person for the purposes of an application in terms of this Chapter, a licensing authority must take into account all relevant facts, including whether—Chapter 6
International air quality management
50. Transboundary air pollution
Chapter 7
Offences and penalties
51. Offences
52. Penalties
Chapter 8
General matters
Part 1 – Regulations
53. Regulations by Minister
The Minister may make regulations that are not in conflict with this Act, regarding—54. Regulations by MECs responsible for air quality
The MEC may make regulations for the province concerned, not inconsistent with this Act, in respect of any matter for which the MEC may or must make regulations in terms of this Act, including a matter referred to in section 53(c) to (p).55. General
Part 2 – Consultative process
56. Consultation
57. Public participation
Part 3 – Delegations and exemptions
58. Delegations
59. Exemptions
Chapter 9
Miscellaneous
60. Repeal of legislation
61. Transitional arrangements in respect of registration certificates issued in terms of Atmospheric Pollution Prevention Act
62. ***
[section 62 repealed by section 13 of Act 20 of 2014]63. ***
[section 63 repealed by section 14 of Act 20 of 2014]64. Short title and commencement
History of this document
30 June 2023 amendment not yet applied
19 May 2014 this version
Commenced
24 July 2013
01 April 2010
18 September 2009
11 September 2009
11 September 2005
24 February 2005
19 February 2005
Assented to
Cited documents 7
Act 7
1. | Local Government: Municipal Systems Act, 2000 | 4528 citations |
2. | Local Government: Municipal Structures Act, 1998 | 4395 citations |
3. | Public Finance Management Act, 1999 | 2237 citations |
4. | National Environmental Management Act, 1998 | 2192 citations |
5. | Occupational Health and Safety Act, 1993 | 978 citations |
6. | Mineral and Petroleum Resources Development Act, 2002 | 630 citations |
7. | Constitution of the Republic of South Africa, 1996 | 601 citations |
Documents citing this one 358
Gazette 331
By-law 17
Government Notice 3
Judgment 3
Provincial Notice 2
1. | Western Cape Land Use Planning Regulations, 2015 | 3 citations |
2. | Western Cape Health Care Risk Waste Management Regulations, 2013 |
Act 1
1. | Western Cape Biodiversity Act, 2021 |
General Notice 1
1. | National Greenhouse Gas Emissions Reporting Regulations, 2016 |
Subsidiary legislation
Title
|
Date
|
|
---|---|---|
Regulations for Implementing and Enforcing Priority Area Air Quality Management Plans, 2024 | Government Notice R5153 of 2024 | 26 August 2024 |
National Greenhouse Gas Emissions Reporting Regulations, 2016: Amendment | Government Notice R994 of 2020 | 11 September 2020 |
National Greenhouse Gas Emissions Reporting Regulations, 2016 | General Notice 275 of 2017 | 11 September 2020 |
National Ambient Air Quality Standards | Government Notice 1210 of 2009 | 24 December 2009 |