NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT 39 OF 2004: CONSULTATION ON PROPOSED REGULATIONS FOR IMPLEMENTING AND ENFORCING PRIORITY AREA AIR QUALITY MANAGEMENT PLANS
Notice Title: National Environmental Management: Air Quality Act 39 of 2004 (“NEMAQA”): Consultation on Proposed Regulations for Implementing and Enforcing Priority Area Air Quality Management Plans
Government Notice: GN 4817 in GG 50646 on 10 May 2024
Commencing date: This Notice may be in force – awaiting a response from the Department
The Minister of Forestry, Fisheries and the Environment (“the Minister”) under section 20, read with sections 56 and 57 of the NEMAQA published the Regulations for implementing and enforcing priory area air quality management plans (“the Regulations”) for public comments on 17 March 2023 in GNR 3152.
These Regulations set out the requirements necessary for implementing and enforcing any approved priory area air quality management plans.
The Regulations will provide for:
- Mandatory implementation of interventions
- Mechanisms for government to monitor and evaluate the effectiveness of the plans
- Transitional arrangements
- Activation of enforcement measures where non-compliance is identified.
The Regulations will 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.
It is however unclear from the current Notice that was issued in GNR 4817 in GG 50646 on 10 May 2024 on the same matter whether it is for further comment or implementation as there is no alignment in terms of the heading of the Notice and the content of the Notice. We are awaiting a response from the Department.
For a copy of the Government Gazette Notice click here.
For more information or assistance please contact Jan Nel at jan@shangoni.co.za.
