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South
Africa
NATIONAL LEGISLATION OVERVIEWS
NATIONAL LEGISLATION OVERVIEWS
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
Legislation Text Access Point
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. | Revocation 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 unamended Act 2004_039_000_20050224 | EXT.LINK | REQ.INFO | LINK |
| As amended by Act 2008_044_000_20081205 . | N/A | REQ.INFO | LINK |
| As amended by Act 2009_014_000_20090527 . | N/A | REQ.INFO | LINK |
| 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 |
| As amended by Act 2022_002_000_20220624 . | N/A | REQ.INFO | LINK |
| As amended by ... | N/A | REQ.INFO | LINK |
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