NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT 39 OF 2004: PROPOSED AMENDMENTS TO THE LISTED ACTIVITIES AND ASSOCIATED MINIMUM EMISSION STANDARDS IDENTIFIED IN TERMS OF SECTION 21 OF THE ACT
Notice Title: National Environmental Management: Air Quality Act 39 of 2004 (“NEMAQA”): Proposed Amendments to the Listed Activities and Associated Minimum Emission Standards Identified in Terms of Section 21 of the Act
Government Notice: GN 7849 in GG 55255 on 28 August 2026
Commencing date: Comments to be submitted on or before 28 September 2026
The Minister of Forestry, Fisheries and the Environment, in terms of sections 21(1)(b), 32, 53(0), 55, 56, and 57 of the NEMAQA, published proposed amendments to the list of activities which result in atmospheric emissions which have or may have a significant detrimental effect on the environment, including health, social conditions, economic conditions, ecological conditions or cultural heritage, as published under GNR 893 of 22 November 2013, for public comments.
The purpose of the proposed amendments is to address regulatory shortfalls that were identified in the implementation of the existing Notice. The proposed amendments are required to improve the implementation of the currently regulated activities by:
- Improving the efficacy of implementation of the licensing and reporting functions;
- Strengthening the pollution prevention and minimizing the emissions from the listed activities identified in terms of section 21 of the NEMAQA.
- Providing clarity for improvement of interpretation;
- Implementing court orders on specific sections;
- Two major comments received from the first round of consultation (GNR 6548, that have necessitated the second round of public comments, are as follows:
- “All the new and existing facilities must, within three (3) years of promulgation of this Notice, comply with the new hydrogen sulphide limit”. Noting the hydrogen sulphide stench experienced by communities, it is proposed that compliance timeframes to the tightened MES be 12 months instead of 3 years; and
- Paragraph 12A be amended to include a time-bound clause to indicate that no alternative limits may be granted beyond 31 March 2030. This would bring paragraph 12A in line with the minimum emission standards’ command and control principles as well as curtailing perpetual postponements to minimum emission standards
Members of the public are invited to submit comments on or before 28 September 2026. For a copy of the Government Gazette Notice click here: National Environmental Management: Air Quality Act: Proposed amendments to the listed activities and associated minimum emission standards identified
For more information or assistance please contact Jan Nel at jan@shangoni.co.za.
