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

Chapter 8 : General Matters

Part 1 : Regulations

53. Regulations by Minister

 

The Minister may make regulations that are not in conflict with this Act, regarding—

(a) any matter necessary to give effect to the Republic’s obligations in terms of an international agreement relating to air quality and climate change;

[Paragraph (a) substituted by section 12(a) of Act No. 20 of 2014]

(aA) information relating to energy that is required for compiling atmospheric emissions;

[Paragraph (aA) inserted by section 12(b) of Act No. 20 of 2014]

(b) matters relating to environmental management co-operation agreements, to the extent that those agreements affect air quality;
(c) emissions, including the prohibition of specific emissions, from point, non-point and mobile sources of emissions, including motor vehicles;
(d) open fires and incinerators;
(f) codes of practice;
(g) records and returns;
(h) labelling;
(i) trading schemes;
(j) powers and duties of air quality officers;
(k) [Section 53(k) deleted by section 58 of the National Environmental Management Laws Amendment Act 2022, GG46602, dated 24 June 2022: Commencement by Proclamation 125 of 2023, GG48869, dated 30 June 2023];
(l) incentives to encourage change in behaviour towards air pollution by all sectors in society;
(lA) the procedure and criteria to be followed in the determination of an administrative fine in terms of section 22A;

[Paragraph (lA) inserted by section 12(c) of Act No. 20 of 2014]

(m) requirements in respect of monitoring;
(n) the avoidance or reduction of harmfuI effects on air quality from activities not otherwise regulated in terms of this Act;
(o) any matter that may or must be prescribed in terms of this Act; or
(p) any other matter necessary for the implementation or application of this Act.