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

Chapter 4 : Air Quality Management Measures

Part 2 : Listing of activities resulting in atmospheric emissions

21. Listing of activities

 

(1) The Minister must, or the MEC may, by notice in the Gazette
(a) publish a list of activities which result in atmospheric emissions and which the Minister or MEC reasonably believes have or may have a significant detrimental effect on the environment, including health, social conditions, economic conditions, ecological conditions or cultural heritage; and
(b) when necessary, amend the list by—
(i) adding to the list activities in addition to those contemplated in paragraph (a);
(ii) removing activities from the list; or
(iii) making other changes to particulars on the list.

 

(2) A list published by the Minister applies nationally and a list published by the MEC applies to the relevant province only.

 

(3) A notice referred to in subsection (1)—
(a) must establish minimum emission standards in respect of a substance or mixture of substances resulting from a listed activity and identified in the notice, including—
(i) the permissible amount, volume, emission rate or concentration of that substance or mixture of substances that may be emitted; and
(ii) the manner in which measurements of such emissions must be carried out;
(b) may contain transitional and other special arrangements in respect of activities which are carried out at the time of their listing; and
(c) must determine the date on which the notice takes effect.

 

(4)        

(a) Before publishing a notice in terms of subsection (1) or any amendment to the notice, the Minister or MEC must follow a consultative process in accordance with sections 56 and 57.
(b) Paragraph (a) need not be complied with if the notice is amended in a non-substantive way.