AIR QUALITY: FEES FOR RECTIFICATION OF UNLAWFULNESS
Title: Regulations for the procedure and criteria to be followed in the determination of an administrative fine in terms of section 22a of the Act
Government Notice: GN 332 in GG 39833 of 18 March 2016
Date of commencement: 18 March 2016
The purpose of these Regulations is to provide for the procedure and criteria to be followed in the determination of administrative fine when an application is submitted in terms of section 22A of the NEMAQA. The licensing authority shall, upon receipt of an application in terms of section 22A of the Act, determine the applicable administrative fine using the criteria set out in Annexure 1 prior to making a decision to issue or refuse to issue an atmospheric emission licence. In addition to an administrative fine determined in accordance with these Regulations, the applicant shall pay the applicable atmospheric emission licence processing fee stipulated in the regulations prescribing the atmospheric emission licence processing fee. An applicant previously convicted for an offence in respect of the commencement of a listed activity; or who previously submitted an application to licensing authority under section 22A of the Act; shall be liable to pay the maximum fine amount as specified in section 22A of the Act, unless compelling reasons are provided why this would not promote the objectives of the Act.
Annexure 1 specifies the following:
“So what” for my operation?
If your operation has been operating a listed air emission activity without a valid atmospheric emission licence you may apply to the licensing authority for an atmospheric emission licence in terms of section 22A of the NEMAQA. The above mentioned administrative fine will be imposed on your operation.
What is Shangoni’s approach?
Shangoni provides technical support in the compilation of the AEL application form. Shangoni can assist with the notification of stakeholders, interested and affected parties and organs of state, as part of the AEL application process. If required by the Licensing Authority, Shangoni can conduct Atmospheric Impact Assessments as part of the AEL application process.