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South Africa
NATIONAL LEGISLATION OVERVIEWS
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National Environmental Management: Air Quality Act, No. 39 of 2004

Long title


To reform the law regulating air quality in order to protect the environment by providing reasonable measures for the prevention of pollution and ecological degradation and for securing ecologically sustainable development while promoting justifiable economic and social development; to provide for national norms and standards regulating air quality monitoring, management and control by all spheres of government; for specific air quality measures; and for matters incidental thereto.

Table of contents

SECTION TITLE
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 quality 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 [...inserted by Act 2014_020_003_20140519]
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 emission 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 and atmospheric emission licences
47A.Revocatoin or suspension of atmospheric emission licences [... inserted by Act 2022_002_057-20220624]
48. Emission control officers
49. Criteria for fit and proper persons
CHAPTER 6. INTERNATIONAL AIR QUALITY 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 responsible 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 by Act 2014_020_003 - was entitled "Transitional provision regarding listed activities"]
63. ... [...repealed by Act 2014_020_004 - was entitled "Transitional provision regarding ambient air quality standards"]
64. Short title and commencement
Sch. 1 SCHEDULE 1. (SECTION 60) LEGISLATION REPEALED OR AMENDED [s60]
Sch. 2 ... [...repealed by Act 2014_020_015 - was entitled "SCHEDULE 2. (SECTION 63) AMBIENT AIR QUALITY STANDARDS"]

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As amended by Act 2013_014_000_20130724 N/A REQ.INFO LINK
As amended by Act 2014_020_000_20140519 .  N/A REQ.INFO LINK
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