NATIONAL GREENHOUSE GAS EMISSIONS REPORTING REGULATIONS
Title: National Environmental Management: Air Quality Act (39/2004): National Greenhouse Gas Emission Reporting Regulations
Government Gazette Notice: GN 275 in GG 40762 of 3 April 2017
Commencing Date: 3 April 2017
The purpose of these Regulations is to introduce a single national reporting system for the transparent reporting of greenhouse gas emissions, which will be used to update and maintain a National Greenhouse Gas Inventory, for the Republic of South Africa to meet its reporting obligations under the United Framework Convention on Climate Change (UNFCCC) and instrument treaties to which it is bound, and to inform the formulation and implementation of legislation and policy. These Regulations apply to the categories of emission sources listed in Annexure 1 to these Regulations and a corresponding data provider as classified in regulation 4 of these Regulations.
A person classified as a Category A data provider in terms of regulation 4(1)(a) of these Regulations must register all facilities where activities exceed the thresholds listed in Annexure 1 by providing the relevant information as listed in Annexure 2 to these Regulations, within 30 days after the commencement of these Regulations or within 30 days after commencing such an activity after the commencement of these Regulations. Registration must be done on the NAEIS.
A Category A data provider must submit the greenhouse gas emissions and activity data as set out in the Technical Guidelines for Monitoring, Reporting and Verification of Greenhouse Gas Emissions by Industry for each of the relevant greenhouse gases and IPCC emission sources specified in Annexure 1 to these Regulations for all of its facilities and in accordance with the data and format requirements specified in Annexure 3 to these Regulations for the preceding calendar year, to the competent authority by 31 March of each year. A Category B data provider must submit emissions and activity data collected that is related to the relevant activity or activities set out in Annexure 1 to these Regulations and in accordance with the format and data requirements as specified in Annexure 3 to these Regulations when requested by the competent authority. Submission of information must also be done on NAEIS.
So what for my operation?
If your organisation is classified as either a Category A or B data provider, you have certain registration and annual reporting requirements pertaining to greenhouse gas emissions. If you do not adhere to these requirements, you can be held liable in the case of a first conviction to a fine not exceeding R5 million or to imprisonment for a period not exceeding five years and in the case of a second or subsequent conviction to a fine not exceeding R10 million or imprisonment for a period not exceeding 10 years and in respect of both instances to both such fine and such imprisonment.
What is Shangoni’s approach?
Shangoni’s Air Quality Department consists of highly experienced and specialised consultants that can assist you in identifying all your legal responsibilities pertaining to air quality management. Furthermore, our Air Quality consultants can assist you in registration and submission of information on NAEIS as required by these regulations. For more information, contact Patricia van der Walt at patricia@shangoni.co.za.
