National Small Business Act, 1996 (Act 102 of 1996)
R 385
Disaster Management Act, 2002 (Act No. 57 of 2002)NoticesDirections relating to National Environmental Management Permits and Licences during Alert Level 3AnnexuresAnnexure 6 : Services to be provided or obtained by applicants, authorities, specialists and other professionals undertaking actions as part of processes in relation to atmospheric emission licenses (AELs) as contemplated in the National Environmental Management: Air Quality Act (AQA) |
Annexure 6: Services to be provided or obtained by applicants, authorities, specialists and other professionals undertaking actions as part of processes in relation to atmospheric emission licenses (AELs) as contemplated in the National Environmental Management: Air Quality Act (AQA)
General provisions
| 1. | The provision or obtaining of services indicated in the table below, in addition to the specific requirements indicated in the table, is subject to all the applicable health and safety and other restrictions, directions and requirements determined in terms of section 27(2) of the Disaster Management Act. |
| 2. | If there is any uncertainty about whether an activity is allowed or not, the relevant official of the applicable authority should be approached for guidance and/or confirmation. |
| 3. | At all times it must be ensured that reasonable opportunity is provided for public participation and that all administrative actions are reasonable. While the COVID-19 pandemic is a unique circumstance, the specific circumstances in each case must be considered in order to determine what will be reasonable. If in the circumstances of a particular case alternative reasonable means methods to give notice to relevant organs of state, interested persons and the public are available, then the relevant licensing authority can be approached for an agreement in this regard as per the table below. |
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Authority (Atmospheric Emission Licensing Authority) |
Process |
Service to be provided |
Mechanism for the provision of the service |
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Department of Environment, Forestry and Fisheries; Delegated Provincial Organ of State; Metropolitan and District Municipalities |
New AEL application |
Receipt of application |
Complete applications meeting the requirements for sections 36 and 37 of the AQA shall be submitted through the South African Atmospheric Emission Licensing and Inventory Portal (SAAELIP). |
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Conducting of site visits |
Site visits shall be conducted by officials processing the applications, taking into account applicable restrictions on the movement of people. |
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Processing of applications and issuance of licenses |
Complete applications shall be assessed through SAAELIP and Licenses shall be loaded on and accessed through the SAAELIP. Copies of the Licenses shall be emailed to the applicants. |
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Application for renewal of AEL |
Receipt of application |
Complete applications meeting the requirements of section 47 of the AQA shall be submitted through the SAAELIP. |
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Conducting of site visits |
Site visits shall be conducted by officials processing the applications, taking into account applicable restrictions on the movement of people. |
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Processing of applications and issuance of licenses |
Complete applications shall be assessed through SAAELIP and licenses shall be loaded on and accessed through the SAAELIP. Copies of the licenses shall be emailed to the applicants. |
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Review of AEL |
Initiation of an AEL review process |
A review of a license is triggered by the Licensing Authority. The licensing authority must inform the licence holder and the relevant provincial air quality officer, in writing, of any proposed review. |
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Conducting of site visits |
Site visits shall be conducted by officials processing the applications, taking into account applicable restrictions on the movement of people. |
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Processing of applications and issuance of licenses |
The Licensing Authority shall review the AEL, including any information that may have been required from the facility through the SAAELIP. |
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Application for transfer of AEL |
Receipt of application |
Complete applications meeting the requirements of section 44 of the AQA [including proof of bringing the application to the attention of interested persons and the public, as specified in section 44(4) of the AQA] shall be submitted through SAAELIP. |
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Processing of applications and issuance of licenses |
The Licensing Authority shall process the application through the SAAELIP. |
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AEL Variation |
Receipt of application or initiation of the variation process by Licensing Authority Conducting of site visits |
Complete applications meeting the requirements of section 46 of the AQA [including proof of having taken appropriate steps to bring the request to the attention of relevant organs of state, interested persons and the public, where applicable, as specified in Section 46(4) of AQA] shall be submitted through SAAELIP. or The licensing authority must inform the licence holder, in writing, of any proposed variation. When necessary, site visits shall be conducted by officials processing the applications, taking into account applicable restrictions on the movement of people. |
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Processing of applications and issuance of licenses |
The Licensing Authority shall process the application through the SAAELIP. |
