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

Chapter 4 : Air Quality Management Measures

Part 1 : Priority areas

19. Management of priority areas

 

(1) If the Minister has in terms of section 18 declared an area as a priority area, the national air quality officer must—
(a) after consulting the air quality officers of any affected province and municipality, prepare a priority area air quality management plan for the area; and
(b) within six months of the declaration of the area, or such longer period as the Minister may specify, submit the plan to the Minister for approval.

 

(2) If the MEC has in terms of section 18 declared an area as a priority area, the air quality officer of the relevant province must—
(a) after consulting the national air quality officer and the air quality officer of any affected municipality, prepare a priority area air quality management plan for the area; and
(b) within six months of the declaration of the area, or such longer period as the MEC may specify, submit the plan to the MEC for approval.

 

(3) If the MECs in two or more adjoining provinces have by joint action in terms of section 18 declared an area as a priority area, the air quality officers of the relevant provinces must jointly—
(a) after consulting the national air quality officer and the air quality officers of the affected municipalities, prepare a priority area air quality management plan for the area; and
(b) within six months of the declaration of the area, or such longer period as the relevant MECs may specify, submit the plan to the MECs for approval.

 

(4) Before approving a priority area air quality management plan, the Minister or the relevant MEC or MEC's—
(a) must follow a consultative process in accordance with sections 56 and 57;
(b) may require the relevant air quality officer to amend the plan within a period

 

(5)        

(a) The Minister or the relevant MEC or MECs must publish an approved plan in the Gazette within 90 days of approval.
(b) The approved plan takes effect from the date of its publication.

 

(6) A priority area air quality management plan must—
(a) be aimed at co-ordinating air quality management in the area;
(b) address issues related to air quality in the area; and
(c) provide for the implementation of the plan by a committee representing relevant role-players.

 

(7) A priority area air quality management plan lapses when the declaration of the area as a priority area is withdrawn in terms of section 18(5).