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

Chapter 5 : Licensing of Listed Activities

43. Contents of provisional atmospheric emission licences and atmospheric emisison licences

 

(a) the activity in respect of which it is issued;
(b) the premises in respect of which it is issued;
(c) the person to whom it is issued;
(d) the period for which the licence is issued;
(e) the name of the licensing authority;
(f) the periods at which the licence may be reviewed;
(g) the maximum allowed amount, volume, emission rate or concentration of pollutants that may be discharged in the atmosphere—
(i) under normal working conditions; and
(ii) under normal start-up, maintenance and shut-down conditions;
(h) any other operating requirements relating to atmospheric discharges, including non-point source or fugitive emissions;
(i) point source emission measurement and reporting requirements;
(j) on-site ambient air quality measurement and reporting requirements;
(k) penalties for non-compliance;
( I ) greenhouse gas emission measurement and reporting requirements; and
(m) any other matters which are necessary for the protection or enforcement of air quality.

 

(2)        A licence may—

(a)        specify conditions in respect of odour and noise;

(b) require the holder of the licence to comply with all lawful requirements of an environmental management inspector carrying out his or her duties in terms of the National Environmental Management Act, including a requirement that the holder of the licence must, on request, submit to the inspector a certified statement indicating—
(i) the extent to which the conditions and requirements of the licence have or have not been complied with;
(ii) particulars of any failure to comply with any of those conditions or requirements;
(iii) the reasons for any failure to comply with any of those conditions or requirements; and
(iv) any action taken, or to be taken, to prevent any recurrence of that failure or to mitigate the effects of that failure.