SUBSTANTIAL CHANGES TO AIR QUALITY LEGISLATION

NATIONAL ENVIRONMENTAL MANAGEMENT : AIR QUALITY ACT 39 OF 2004

MacRobert wishes to draw your attention to the following important notice published
Monday, 19 May 2014

The President has assented to the National Environmental Management: Air Quality Amendment Act 20 of 2014 ("Amendment Act"), which amends the National Environmental Management: Air Quality Act 39 of 2004 ("NEMAQA").

The Amendment Act inserts various provisions into the NEMAQA, including provisions pertaining to –

• Rectification for the unlawful operation of a scheduled process in terms of the Atmospheric Pollution Prevention Act 45 of 1965 without a provisional registration certificate or a registration certificate;
  
  
• Rectification for the unlawful operation of an activity listed in terms of the NEMAQA without a provisional atmospheric emission licence or an atmospheric emission licence; and
  
  
• The Minister being identified as the licencing authority in prescribed circumstances, including, inter alia, where an activity listed in terms of the NEMAQA falls within the boundaries of more than one province or forms part of a matter declared as a national priority in terms of a Cabinet decision.

The Amendment Act also repeals sections 62 and 63 of the NEMAQA, pertaining to transitional provisions regarding listed activities and transitional provisions regarding ambient air quality standards respectively.

The Amendment Act commenced on 19 May 2014.

For any queries please contact our environmental and mining law division at the details below.

Kenneth Cameron
(012) 425 3514
kcameron@macrobert.co.za

Caroline Pepermans
(012) 425 3522
cpepermans@macrobert.co.za