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

Chapter 2 : National Framework and National, Provincial and Local Standards

Part 1 : National framework

7. Establishment

 

(1) The Minister must, within two years of the date on which this section took effect, by notice in the Gazette, establish a national framework for achieving the object of this Act, which must include—
(a) mechanisms, systems and procedures to attain compliance with ambient air quality standards;
(b) mechanisms, systems and procedures to give effect to the Republic’s obligations in terms of international agreements;
(c) national norms and standards for the control of emissions from point and non-point sources;
(d) national norms and standards for air quality monitoring;
(e) national norms and standards for air quality management planning;
(f) national norms and standards for air quality information management; and
(g) any other matter which the Minister considers necessary for achieving the object of this Act.

 

(2) National norms and standards established in terms of subsection (1) must be aimed at ensuring—
(a) opportunities for public participation in the protection and enhancement of air quality;
(b) public access to air quality information;
(c) the prevention of air pollution and degradation of air quality;
(d) the reduction of discharges likely to impair air quality, including the reduction of air pollution at source;
(e) the promotion of efficient and effective air quality management;
(f) effective air quality monitoring;
(g) regular reporting on air quality; and
(h) compliance with the Republic’s obligations in terms of international agreements.

 

(3)        The national framework—

(a) binds all organs of state in all spheres of government; and
(b) may assign and delineate responsibilities for the implementation of this Act amongst—
(i) the different spheres of government; and
(ii) different organs of state.

 

(4) An organ of state must give effect to the national framework when exercising a power or performing a duty in terms of this Act or any other legislation regulating air quality management.

 

(5)        The national framework—

(a) may differentiate between different geographical areas;
(b) may provide for the phasing in of its provisions;
(c) may be amended; and
(d) must be reviewed by the Minister at intervals of not more than five years.

 

(6)        

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