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National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004)

Chapter 2 : National Framework and National, Provincial and Local Standards

Part 2 : National, provincial and local ambient air quality and emission standards

11. Local standards

 

(1)        A municipality may in terms of a by-law—

(a) identify substances or mixtures of substances in ambient air which, through ambient concentrations, bioaccumulation, deposition or in any other way, present a threat to health, well-being or the environment in the municipality or which the municipality reasonably believes present such a threat; and
(b) in respect of each of those substances or mixtures of substances, establish local standards for emissions from point, non-point or mobile sources in the municipality.

 

(2) If national or provincial standards have been established in terms of section 9 or 10 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 or any part of the municipality.

 

(3)        A notice issued under this section may—

(a)        provide for the phasing in of its provisions; and

(b)        be amended.

 

(4) Before a municipality passes a by-law referred to in subsection (1), it must follow a consultative process in terms of Chapter 4 of the Municipal Systems Act.