NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT, 39 OF 2004: PROPOSED REGULATIONS FOR IMPLEMENTING AND ENFORCING PRIORITY AREA AIR QUALITY
Notice Title: National Environmental Management: Air Quality Act, 39 of 2004 (“NEMAQA”): Proposed regulations for implementing and enforcing Priority Area Air Quality
Government Notice: GN 1738 in GG 4589 on 11 February 2022
Commencing date: Comments to be submitted by 14 March 2022
The Minister of Forestry, Fisheries and the Environment (“the Minister”), under section 20, read with sections 56 and 57 of the NEMAQA, hereby initiate public consultation on the proposed Regulations for implementing and enforcing Priority Area Air Quality Management Plans.
Despite concerted attempts to implement various emission control measures and tools in the areas declared as Priority Areas, including specific air quality management interventions to bring these areas into compliance with the National Ambient Air Quality Standards, emissions of certain pollutants continue to result in persistent non-compliance with these standards.
These proposed Regulations set out the requirements necessary for implementing and enforcing approved Priority Area air quality management plans, including
- funding arrangements,
- measures to facilitate compliance with such plans,
- penalties for any contravention of or any failure to comply with such plans; and
- regular review of such plans.
Once implemented, the proposed Regulations will:
- provide for mandatory implementation of interventions;
- provide mechanisms for government to monitor and evaluate the effectiveness of the plans, and
- activate enforcement measures where non-compliance is identified.
They apply to all key stakeholders identified to be significant contributors to poor air quality in the respective air quality management plans, including listed activities; controlled emitters; mining operations and government stakeholders.
Members of the public are invited to submit written comments and inputs on or before 14 March 2022.
For assistance or queries please contact Jan Nel at jan@shangoni.co.za
