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Table of Contents
National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004)
Notice No. 39 of 2004
Act
Preamble
Chapter 1 : Interpretation and Fundamental Principles
1. Definitions
2. Object of Act
3. General duty of State
4. Application of Act
5. Application of National Environmental Management Act
6. Conflicts with other legislation
Chapter 2 : National Framework and National, Provincial and Local Standards
Part 1 : National framework
7. Establishment
8. National monitoring and information management standards
Part 2 : National, provincial and local ambient air quality and emission standards
9. National standards
10. Provincial standards
11. Local standards
Part 3 : General
12. Ambient air quality and emission measurements
Chapter 3 : Institutional and Planning Matters
13. National Air Quality Advisory Committee
14. Appointment of air quality officers
15. Air qualilty management plans
16. Contents of air quality management plans
17. Reporting on implementation of air quality management plans
Chapter 4 : Air Quality Management Measures
Part 1 : Priority areas
18. Declaration of priority areas
19. Management of priority areas
20. Regulations for implementing and enforcing priority area air quality management plans
Part 2 : Listing of activities resulting in atmospheric emissions
21. Listing of activities
22. Consequences of listing
22A. Consequences of unlawful conduct of listed activity resulting in atmospheric emission
Part 3 : Controlled emitters
23. Controlled emitters
24. Standards for controlled emitters
25. Consequences of declaration
Part 4 : Controlled fuels
26. Controlled fuels
27. Use and prohibition of controlled fuels
28. Consequences of declaration
Part 5 : Other measures
29. Pollution prevention plans
30. Atmospheric impact reports
31. Recognition programmes
Part 6 : Measures in respect of dust, noise and offensive odours
32. Control of dust
33. Rehabilitation when mining operations cease
34. Control of noise
35. Control of offensive odours
Chapter 5 : Licensing of Listed Activities
36. Licensing authority
37. Application for atmospheric emission licences
38. Procedure for licence applications
39. Factors to be taken into account by licensing authorities
40. Decisions of licensing authority
41. Successful applications
42. Issuing of atmospheric emission licences
43. Contents of provisional atmospheric emission licences and atmospheric emisison licences
44. Transfer of provisional atmospheric emission licences and atmospheric emission licences
45. Review of provisional atmospheric emission licences and atmospheric emission licences
46. Variation of provisional atmospheric emission licences and atmospheric emission licences
47. Renewal of provisional atmospheric emission licences aad atmospheric emission licences
48. Emission control officers
49. Criteria for fit and proper persons
Chapter 6 : International Air Qualilty Management
50. Transboundary air pollution
Chapter 7 : Offences and Penalties
51. Offences
52. Penalties
Chapter 8 : General Matters
Part 1 : Regulations
53. Regulations by Minister
54. Regulations by MECs responsbile for air quality
55. General
Part 2 : Consultative process
56. Consultation
57. Public participation
Part 3 : Delegations and exemptions
58. Delegations
59. Exemptions
Chapter 9 : Miscellaneous
60. Repeal of legislation
61. Transitional arrangements in respect of registration certificates issued in terms of Atmospheric Pollution Prevention Act
62. [Repealed] Transitional provision regarding listed activities
63. [Repealed] Transitional provision regarding ambient air quality standards
64. Short title and commencement
Schedules
Schedule 1
[Repealed] Schedule 2 : Ambient air quality standards (Section 63)
Notices
List of Activities which result in atmospheric emissions which have or may have a significant deterimental effect on the environment, including health, social conditions, economic conditions, ecological conditions or cultural heritage
Notice No. 893 of 2013
Part 1 : Definitions
Part 2 : General
Part 3 : Minimum Emission Standards
Category 1: Combustion Installations
Category 2: Petroleum Industry, the production of gaseous and liquid fuels as well as petrochemicals from crude oil, coal, gas or biomass
Category 3: Carbonization and Coal Gasification
Category 4: Metallurgical Industry
Category 5: Mineral Processing, Storage and Handling
Category 6: Organic Chemicals Industry
Category 7: Inorganic Chemicals Industry
Category 8: Thermal Treatment of Hazardous and General Waste
Category 9: Pulp and Paper Manufacturing Activities, including By-Products Recovery
Category 10: Animal Matter Processing
Annexure A - Methods for Sampling and Analysis
Declaration of Greenhouse Gases as Priority Air Pollutants
Notice No. 710 of 2017
Chapter 1 : Definitions and priority pollutant greenhouse gases
1. Definitions
2. Priority pollutant greenhouse gases
Chapter 2 : Persons required to submit pollution prevention plans, requirements for submission of pollution prevention plan and requirements for monitoring, evaluating and reporting
3. Persons required to submit pollution prevention plans
4. Requirements for submission of pollution prevention plan
5. Requirements for monitoring, evaluating and reporting
Annexure A : List of Production Processes
Notice regarding Manual Registration of Data Providers and Reporting of Greenhouse Gas Emissions for the 2023/2024 and 2024/2025 Reporting Cycles
Notice No. 4248 of 2024
Annexures
Annexure 2: Registration as Data Provider and of Facilities
Annexure 3: Annual Reporting
Regulations
Regulations regarding the Phasing-Out and Management of Ozone-Depleting Substances
Notice No. 351 of 2014
Chapter 1 : Definitions and Purpose of Regulations
1. Definitions
2. Purpose of Regulations
Chapter 2 : Prohibitions and Phase Out Schedules
3. Prohibition of production, importation, exportation, use or placing on the market of ozone-depleting substances and equipment
4. General prohibition of stockpiling
5. Phase out schedule for HCFCs, HCFC-141b and equipment charged with HCFC 22
5A. Import quota allocation
5B. Import or export permit recommendation
Chapter 3 : Reclamation, Destruction, Discharge or Release of Ozone Depleting Substances
6. Reclamation or destruction of ozone depleting substances
7. Discharge or release of ozone depleting substances
Chapter 4 : Information Management
8. Importers or exporters of ozone depleting substances
Chapter 5 : General Matters
9. Offences and penalties
10. Short title and commencement
Appendixes
Appendix-A : Ozone Depleting Substances
Regulations Prescribing the Atmospheric Emission Licence Processing Fee, 2016
Notice No. 250 of 2016
1. Definitions
2. Purpose of the regulations
3. Prescribed processing fee
4. Payment
5. Short title
Annexure
National Greenhouse Gas Emission Reporting Regulations, 2016
Notice No. 275 of 2017
1. Definitions
2. Purpose of Regulations
3. Application of Regulations
4. Classification of Emission Sources and Data Providers
5. Registration
6. Changes to Registration Details
7. Reporting Requirements
8. Reporting Boundaries
9. Completeness
10. Methods
11. Verification and Validation of Information
12. Confidentiality of Information
13. Record Keeping by Data Provider
14. Publishing Data and Information
15. Transitional Arrangements
16. Offences
17. Penalties
18. Short Title and Commencement
Annexures
Annexure 1 : List of Activities for which GHG Emissions must be reported to the Competent Authority
Annexure 2 : Registration as Data Provider and of Facilities
Annexure 3 : Annual Reporting
Annexure 4 : Information to Accompany Submission in terms of Regulation 10(2)
Annexure 5 : Registration of Standby Generators
Section 24G Fine Regulations
Notice No. R. 698 of 2017
1. Definitions
2. Purpose of Regulations
3. Fine Committee
4. Factors to be taken into account
5. Representations
6. Determination of fine
7. Mandatory record keeping
8. Register of interested and affected parties
9. Repeat contraveners
10. Offences and penalties
11. Consolidated applications
12. Commencement and short title
13. Transitional provisions
Annexure A
Section A : Directive
Section B : Deferral
Section C : Quantum of the section 24G fine
Section D : Preliminary Advertisement
National Pollution Prevention Plans Regulations, 2017
Notice No. 712 of 2017
Chapter 1 : Definitions and Purpose of the Regulations
1. Definitions
2. Purpose
Chapter 2 : Requirements for pollution prevention plans
3. Requirements for pollution prevention plans
Chapter 3 : Submission and approval of pollution prevention plans and annual progress reports
4. Submission and approval of pollution prevention plans
5. Submission and approval of annual progress reports
Chapter 4 : Verification of information and general matters
6. Verification of information
7. Confidentiality of information
8. Offences
9. Penalties
10. Short title and commencement
Annexure A
List of production processes
Submission of "Subsequent Pollution Prevention Plans"
Notice No. 580 of 2020
1. Definitions
2. Submission of "subsequent pollution prevention plans" under the National Pollution Prevention Plans Regulations, 2017
3. Proposed process to manage the carbon budgets for the period of 01 January 2021 to 31 December 2022
"priority area"
means an area declared as such in terms of
section 18
;
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