(1)         In this Act, unless the context indicates otherwise—

"air pollution"

means any change in the composition of the air caused by smoke, soot, dust (including fly ash), cinders, solid particles of any kind, gases, fumes, aerosols and odorous substances;

"air quality management plan"

means a plan referred to in section 15;

"air quality officer"

means an officer appointed in terms of section 14 as an air quality officer;

"ambient air"

excludes air regulated by the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993);

"atmospheric emission" or "emission"

means any emission or entrainment process emanating from a point, non-point or mobile source that results in air pollution;

"atmospheric emission licence"

means an atmospheric emission licence contemplated in Chapter 5;

"Atmospheric Pollution Prevention Act"

means the Atmospheric Pollution Prevention Act, 1965 (Act No. 45 of 1965);

"commissioning"

means the commencement of a listed activity;

[Definition inserted by section 1(a) Act No. 20 of 2014]

"controlled emitter"

means any appliance or activity declared as a controlled emitter in terms of section 23;

"Department"

means the Department responsible for environmental affairs;

[Definition substituted by section 1(b) of Act No. 20 of 2014]

"environment"

has the meaning assigned to it section 1 of the National Environmental Management Act;

"Environment Conservation Act"

[Definition deleted by section 1(c) of Act No. 20 of 2014]

"Gazette"

when used in relation to

"greenhouse gas"

means gaseous constituents of the atmosphere, both natural and anthropogenic, that absorb and re-emit infrared radiation, and includes carbon dioxide, methane and nitrous oxide;

"licensing authority"

means an authority referred to in section 36(1), (2), (3A), (4) of (5) responsible for implementing the licensing system set out in Chapter 5;

[Definition substituted by section 1(d) of Act No. 20 of 2014]

"listed activity"

means any activity listed in terms of section 21;

"MEC"

means the member of the Executive Council of a province who is responsible for air quality management in the province;

"Minister"

means the Minister responsible for environmental affairs;

[Definition substituted by section 1(e) of Act No. 20 of 2014]

"mobile source"

means a single identifiable source of atmospheric emission which does not emanate from a fixed location;

"municipality"

means a municipality established in terms of the Local Government : Municipal Structures Act, 1998 (Act No. 117 of 1998);

"Municipal Systems Act"

means the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000);

"National Environmental Management Act"

means the National Environmental Management Act, 1998 (Act No. 107 of 1998);

"national framework"

means the framework established in terms of section 7(1);

"non-point source"

means a source of atmospheric emissions which cannot be identified as having emanated from a single identifiable source or fixed location, and includes veld, forest and open fires, mining activities, agricultural activities and stockpiles;

"offensive odour"

means any smell which is considered to be malodorous or a nuisance to a reasonable person;

"organ of state"

has the meaning assigned to it in section 239 of the Constitution;

"ozone-depleting substance"

means a substance having chemical or physical properties which, by its release into the atmosphere, can cause a depletion of the stratospheric ozone layer;

"point source"

means a single identifiable source and fixed location of atmospheric emission, and includes smoke stacks and residential chimneys;

"pollution"

has the meaning assigned to it in section 1 of the National Environmental Management Act;

"priority area"

means an area declared as such in terms of section 18;

"priority area air quality management plan"

means a plan referred to in section 19;

"provisional atmospheric emission licence"

means a provisional atmospheric emission licence contemplated in Chapter 5;

"this Act"

includes—