No. 1109    1 August 2003                 NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY BILL     Mohammed Valli Moosa, the Minister of Environmental Affairs andTourism, hereby publishes the draft National Environmental Management: AirQuality Bill for public information in terms of Rule 241(1)(b) of theNational Assembly and Rule 186 (1) (a) of the National Council ofProvinces.        The draft bill aims to bring the system of air pollution control inline with the Constitution of the Republic of South Africa. It replaces theoutdated Air Pollution Prevention Act, 1965 (APPA), (Act No. 45 of 1965)with a more effective regulatory regime. It establishes national norms andstandards for air quality management. It provides a framework for airquality planning and reporting and numerous regulatory instruments for thecontrol of air pollution and as well as compliance and enforcement regime.        The draft bill will be tabled in Parliament during August 2003 forconsideration. Written comments and inputs are invited from interested andaffected parties as well as the general public. These must be submitted to:        1. Mr. S Mfenyana       Secretary to Parliament       Parliament of South Africa       PO Box 15       CAPE TOWN       8000       Fax: (021) 403 2604 And/or        2. Rev. P Moatshe       Chairperson of the Select Committee on Land and Environmental       Affairs       Parliament of South Africa       PO Box 15       CAPE TOWN       8000       Fax: (021) 403 2850        Copies of the bill can be obtained from:        - Government Printers - Cape Town & Pretoria        - Ms K Maphanga      Department of Environmental Affairs and Tourism      Private Bag X 447      PRETORIA      0001      Fax: (012) 320 0205      E-mail: Kmaphanga@ozone.pwv.gov.za        THE CLOSING DATE FOR COMMENTS IS 30 AUGUST 2003                        MEMORANDUM ON THE OBJECTS OF THE BILL                                                NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY BILL, 2003                                          1. INTRODUCTION        The Bill aims to bring the system of air pollution control in line withthe Constitution allocation of function between the three spheres ofgovernment. It replaces the outdated Air Pollution Prevention Act (Act 45of 1965) with a more effective regulatory regime, including theestablishment of national norms and standards, a framework for air qualitymanagement planning and reporting regime and numerous regulatoryinstruments for the control of air pollution and compliance andenforcement.        The National Environmental Management: Air Quality Bill was approved byCabinet on 16 April 2003 and published for comment on 22 April 2003. Theclosing date for the submission of comments was 30 may 2003. Comments werereceived from approximately 70 institutions and individuals. Certainamendments have been effected to the Bill relating to definitions, minimumstandards for emission from listed activities, atmospheric impact reports,the role of province in licensing special cases and transparency provisionsfor exemptions.        2. GENERAL BACKGROUND AND OVERVIEW        The current approach to air quality management in South Africa isinformed and regulated by the Atmospheric Pollution Prevention Act, 1965(Act. 45 of 1965) (APPA). For many years, this Act has been regarded asbeing outdated for a number of reasons, not least of these being that itcannot accommodate the constitutional allocation of functions in respect ofthe role of provincial and local government, it has inadequate complianceand enforcement mechanisms to implement the Act effectively and there islack of transparency in decision-making. Furthermore, the APPA approach isbased largely on point-source emission control that does not fully addressthe cumulative impacts of air pollution. As a result, certain areas ofSouth Africa are exposed and vulnerable to exceptionally poor air qualityin terms of both local and international standards.        The poor air quality in various areas of South Africa has variousimpacts that can be measured in terms of economic costs. As these costs areseldom paid for, or even recognised, by the polluters themselves, they areoften referred to as externalities. As such, these are costs that areimposed on society and are paid for by both the victims of poor air qualityand the public services.        The drafting team has gone through the comments in detail and hasrevised and amended sections of the Bill where this has been regarded asappropriate. In this regard, apart from a number of minor editorial changesand non-substantive revisions, the following areas received the mostattention and subsequent revision: (i) Definitions - some definitions havebeen refined and some new definitions have been added; (ii) ListedActivities - provision has been made for the setting of minimum standardsfor emissions from listed activities; (iii) Atmospheric Impact Report - anew tool has been provided by which government is able to request relevantinformation from specific industries in respect of their emissions; (iv)Licensing authority - provision has been made for province to be thelicensing authority in special cases including - at the request of localauthority, in respect of existing registered industries, when the LA is theapplicant and through joint LA-province agreement; (v) License Review -this section has been expanded with appropriate cross-reference to licensevariation; (vi) Exemptions - transparency provisions have been added; (vii)intergovernmental delegations have been provided for; (viii) TransitionalAmbient Air Quality standards have been spelt out.        3. CHAPTER BY CHAPTER ANALYSIS        Chapter 1, the introductory chapter, of the Bill defines the specificterminology used, sets out the objectives of the bill and makes referenceto the environmental management principles set forth in the NationalEnvironmental Management Act (Act 107 of 1998) (NEMA). Amendments to thischapter include the deletion of, among others steam as a pollutant, theredefinition of vehicle emissions as a non-point source of air pollution,and competent authority was also defined.        Chapter 2 deals with what is regarded as the `backbone' of the newapproach to air quality management, namely, the establishment of nationalambient air quality standards. It also clarifies the setting of norms andstandards within the various spheres of government. These standards will bea key mechanism in ensuring that the constitutional right in respect of anenvironment that is not harmful to health and well-being is progressivelyrealised through the implementation of benchmark performance standards.Furthermore, ambient air quality standards will provide the goals andobjectives for all air quality management plans and will also provide theyardstick against which the efficacy of these plans can be measured. Tothis end, the chapter provides for the identification of prioritypollutants and the setting of ambient standards in respect of thesepollutants. The chapter also allows for the setting of speck emissionstandards for any problem pollutant. This chapter was amended to includesetting of emission standards from point sources. The provision for theprovincial MEC to set provincial ambient standards was deleted, on thebasis that national ambient standards will be sufficiently protective ofhealth and the environment        Chapter 3 provides for the establishment of a multi-stakeholderNational Air Quality Advisory Committee to advise the Minister on theimplementation of the Bill. This chapter also deals with air qualitymanagement. In order not to duplicate the planning and reportingresponsibilities of government, Chapter 3 indicates how air qualityplanning must be integrated with existing activities, i.e. the plansrequired in terms of NEMA must incorporate a consideration of air qualitywhereas integrated development plans compiled by municipalities must alsotake air quality into account. The name of the committee was changed fromNational Air Quality Management Committee to National Air Quality AdvisoryCommittee. The composition of the committee will be determined in fine withthe provisions for setting up the National Environmental Advisory Forum(NEAF) as prescribed in NEMA.        Chapter 4 describes the various regulatory toots or measures madeavailable to government for implementing and enforcing air qualitymanagement plans and achieving acceptable ambient air quality. The toolshave been designed in such a way as to ensure an optimal mix of regulatoryapproaches that will ensure that the diversity of air pollution issues canbe managed in the most effective manner, with the least possibleadministrative burden and use of resources. These include the following:        - Priority areas - Air pollution `hot spots' may be identified forfocused attention including specific air quality management plans and theprovision for specific regulations relating to the area;        - Listed Activities - The identification of `problem' processes meansthat they will require an Atmospheric Emission License before they canoperate. This section also deals with the control of offensive odours;        - Controlled emitters - The setting of emission standards foridentified `classes' of emitters (e.g. motor vehicles, hazardous wasteincinerators, etc.);        - Control of Noise - measures can be prescribed for the control ofnoise.        - Control of odours - measures can be prescribed for the control ofoffensive odours.        The chapter was amended to include the provision for the submission ofatmospheric impact reports as an additional tool enabling air qualityofficers to manage air quality from existing industrial activities, as wellas provisions for the control of dust. The control of vibration was removedfrom the bill as this was deemed not to be an air quality matter        Chapter 5 deals with licensing of listed activities. It defines withreference to section 24 of NEMA procedures to be followed and the authorityresponsible for granting such a licence. This chapter also makes provisionfor and defines the following;        - Fit and proper persons - This provision allows government to turndown license applications from applicants who have continuouslydemonstrated bad air quality management practices in the past        - Emission control officers - This provision allows government todemand that qualified air quality management practitioners are employed by`problem' industries;        This chapter was amended to provide for DEAT to delegate the conversionof existing Registration certificates issued in terms of APPA to provinces.        Chapter 6 deals with South Africa's international obligations inrespect of air quality management. In keeping with the `good neighbour'aspect of NEPAD and our SADC obligations, the Bill allows the Minister toinvestigate cases where South African processes may be impacting on ourneighbours. In this regard, the Bill also provides for regulations inrespect of the control of processes impacting on our neighbours and theglobal atmosphere in general. This section is viewed as being significantas it will enable national government to implement swift responses requiredto harness the investment opportunities provided by some of theinternational instruments.        Chapter 7 deals with offences and penalties. The Bill as a whole isunderpinned by the adoption of a comprehensive approach to the managementof offences and penalties        Chapters 8 provide for general regulations and transitionalarrangements. With regard to the latter, the Bill provides for a number ofarrangements aimed at smoothing the transition from the air qualitymanagement approach under APPA.        4. ORGANISATIONAL AND PERSONNEL IMPLICATIONS        National and provincial government have concurrent jurisdiction withrespect to 'environment and 'pollution control, and 'air pollution' is alocal government matter for which municipalities have executive authority.The current system under APPA effectively marginalizes both province andlocal government from the area of air quality management. The Bill will notincrease the administrative burden for the Department of EnvironmentalAffairs and Tourism as it seeks devolve functions to municipalities.However, it will have organisational and personnel implications formunicipalities, as most of them are currently not performing the Section 4B air pollution control functions assigned to them by the Constitution.        5. FINANCIAL IMPLICATIONS        The Bill will increase the financial resources available foradministering air quality management through the system of permit fees atlocal and provincial levels of government. It is anticipated that theseadditional resources will cover the costs of administering the Bill inthese spheres of government. There will be no increase in budgetaryrequirements for air quality management at the level of nationalgovernment.                 NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY BILL        To reform the law regulating air quality in order to protect andenhance the quality of air in the Republic, taking into account the needfor sustainable development; to provide for national norms and standardsregulating air quality monitoring, management and control by all spheres ofgovernment; for specific air quality measures; and for matters incidentalthereto.                                      PREAMBLE        Whereas -        everyone has a right to an environment that is not harmful to his orher health or well-being; everyone has the right to have the environmentprotected, for the benefit of present and future generations, throughreasonable legislative and other measures that prevent pollution and secureecologically sustainable development while promoting justifiable economicand social development; sustainable development requires the integration ofsocial, economic and environmental factors in the planning, implementationand evaluation of decisions to ensure that development serves present andfuture generations;        air pollution carries a high social, economic and environmental costthat is seldom borne by the polluter;        many inhabitants of South Africa live and work in areas where the airis harmful to their health and well being;        the burden of health impacts associated with polluted ambient air fallsmost heavily on the poor; economic growth in many areas with high growthpotential is being hampered by poor air quality in these areas;        atmospheric emissions of ozone depleting substances, greenhouse gasesand other substances have deleterious effects on the environment bothlocally and globally;        contaminated ambient air cannot be remedied and thus, pollutionminimisation through, particularly cleaner production, is key to ensuringthat air quality is improved;        ambient air quality standards define air that is not harmful to thepublic's health and well-being or the environment;        air that conforms to ambient air quality standards facilitates andenhances sustainable development;        new and innovative approaches to legislation are required to protectand enhance the air quality in the Republic.        IT IS NOW ENACTED by the Parliament of the Republic of South Africa asfollows: -                                  TABLE OF CONTENTS                                      CHAPTER 1                    INTERPRETATION, OBJECT AND APPLICATION OF ACT        1. Interpretation    2. Objects of this Act    3. State's general duty    4. Application of this Act    5. Application of National Environmental Management Act    6. Conflicts with other legislation                                      CHAPTER 2           NATIONAL FRAMEWORK AND NATIONAL, PROVINCIAL AND LOCAL STANDARDS                                                               Part 1: National framework        7. Establishment    8. National monitoring and information management standards       Part 2: National, provincial and local ambient air quality and emission                                  standards        9. National standards    10. Provincial standards    11. Local standards                                   Part 3: General        12. Ambient air quality and emission measurements                                      CHAPTER 3                                                           INSTITUTIONAL AND PLANNING MATTERS                                          13. National Air Quality Advisory Committee    14. Appointment of air quality officers    15. Air quality management plans    16. Contents of air quality management plans    17. Reporting of implementation of air quality management plans                                      CHAPTER 4                           AIR QUALITY MANAGEMENT MEASURES                               Part 1: Priority areas        18. Declaration of priority areas    19. Management of priority areas    20. Regulations for implementing and enforcing priority area airquality management plans          Part 2: Listing of activities resulting in atmospheric emissions        21. Listing of activities    22. Consequences of listing                             Part 3: Controlled emitters        23. Controlled emitters    24. Standards for controlled emitters    25. Consequences of declaration                               Part 4: Other measures        26. Pollution prevention plans    27. Atmospheric impact reports    28. Recognition programmes           Part 5: Measures in respect of dust, noise and offensive odours        29. Control of dust    30. Rehabilitation when mining operations cease    31. Control of noise    32. Control of offensive odours                                      CHAPTER 5                                                             LICENSING OF LISTED ACTIVITIES        33. Licensing authority    34. Application for atmospheric emission licences    35. Procedure for licence applications    36. Factors to be taken into account by licensing authorities    37. Decisions    38. Successful applications    39. Issuing of atmospheric emission licences    40. Contents of provisional atmospheric emission licences and        atmospheric emission licences    41. Transfer of atmospheric emission licences    42. Review of atmospheric emission licences    43. Variation of atmospheric emission licences    44. Renewal of atmospheric emission licences    45. Emission control officers    46. Criteria for fit and proper persons                                      CHAPTER 6                                                          INTERNATIONAL AIR QUALITY MANAGEMENT        47. Trans-boundary air pollution                                      CHAPTER 7                                                                 OFFENCES AND PENALTIES        48. Offences    49. Penalties                                      CHAPTER 8                                                                     GENERAL MATTERS                                                                   Part 1: Regulations        50. Regulations by Minister    51. Regulations by MECs responsible for air quality    52. General                            Part 2: Consultation process        53. Consultation    54. Public participation                         Part 3: Delegations and exemptions        55. Delegations    56. Exemptions                                      CHAPTER 9                                                                      MISCELLANEOUS        57. Repeal of legislation    58. Transitional arrangements in respect of registration certificates    59. Transitional provision regarding listed activities    60. Transitional provision regarding ambient air quality standards    61. Short title and commencement                                      CHAPTER 1                                                        INTERPRETATION AND FUNDAMENTAL PRINCIPLES        Interpretation        1. (1) In this Act, unless the context indicates otherwise -        "air pollution" means any change in the composition of the air, causedby smoke, soot, dust (including fly ash), cinders, solid particles of anykind, gases, fumes, aerosols and odorous substances;        "air quality management plan" means a plan referred to in section 14;        "ambient air" includes all air except that regulated by theOccupational Health and Safety Act, 1993 (Act 85 of 1993);        "Atmospheric Pollution Prevention Act" means the Atmospheric PollutionPrevention Act, 1965 (Act 45 of 1965);        "atmospheric emission" or "emission" means any emission or entrainmentprocess emanating from a point, non-point or mobile source that results inair pollution;        "atmospheric emission licence" means a licence contemplated in Chapter5 and includes a provisional atmospheric emission licence;        "air quality officer" means an officer appointed in terms of section 14as an air quality officer;        "controlled emitter" means any appliance or activity declared as acontrolled emitter in terms of section 23;        "Department" means the Department of Environmental Affairs and Tourism;        "environment" has the meaning assigned to it section 1 of the NationalEnvironmental Management Act;        "Environment Conservation Act" means the Environment Conservation Act,1989 (Act 73 of 1989);        "Gazette"-        (a) when used in relation to the Minister, means the Government        Gazette; and        (b) when used in relation to the MEC responsible for air quality in a        province, means the Provincial Gazette of that province;        "greenhouse gas" means gaseous constituents of the atmosphere, bothnatural and anthropogenic, that absorb and re-emit infrared radiation, andincludes carbon dioxide, methane and nitrous oxide;        "licensing authority" means an authority referred to in section 33 (1),(2), (3) or (4) responsible for implementing the licensing system set outin Chapter 5;        "listed activity" means any activity listed in terms of section 21;        "MEC responsible for air quality" means the member of the ExecutiveCouncil of a province who is responsible for air quality management in theprovince;        "Minister" means the Minister of Environmental Affairs and Tourism;        "mobile source" means a single identifiable source of atmosphericemission which does not emanate from a fixed location;        "municipality" means a municipality established in terms of the LocalGovernment: Municipal Structures Act, 1998 (Act 117 of 1998);        "Municipal Systems Act" means the Local Government: Municipal SystemsAct, 2000 (Act 32 of 2000);        "National Environmental Management Act" means the NationalEnvironmental Management Act, 1998 (Act 107 of 1998);        "national framework" means the framework which must be established interms of section 7 (1);        "non-point source" means a source of atmospheric emissions which cannotbe identified as having emanated from a single identifiable source or fixedlocation, and includes veld, forest and open fires, mining activities,agricultural activities and stockpiles;        "offensive odour" means any smell which is considered to be malodorousor a nuisance to the reasonable person;        "organ of state" has the meaning assigned to it in section 239 of theConstitution;        "ozone depleting substance" means a substance having chemical orphysical properties which, by its release into the atmosphere, can cause adepletion of the stratospheric ozone layer;        "point source" means a single identifiable source and fixed location ofatmospheric emission, and includes smoke stacks and residential chimneys;        "pollution" has the meaning assigned to it in section 1 of the NationalEnvironmental Management Act;        "precautionary principle" means the principle set out in section2(4)(a)(vii) of the National Environmental Management Act;        "priority area" means an area declared in terms of section 18;        "priority area air quality management plan" means a plan referred to insection 19; "this Act" includes -        (a) the national framework;        (b) any regulation made in terms of section 54 or 51; and        (c) any other subordinate legislation issued in terms of this Act.        (2) In this Act, a word or expression derived from a word or expressiondefined in subsection (1) has a corresponding meaning unless the contextindicates that another meaning is intended.        Object of this Act        2. The object of this Act is -        (a) to protect and enhance the quality of air in the Republic, and        (b) to reduce the risks to human health and the environment while        taking into account the need for sustainable development.        State's general duty        3. In fulfilling the rights contained in section 24 of theConstitution, the state -        (a) through the organs of state implementing this Act, must seek to        protect and enhance the quality of air in the Republic; and        (b) must implement this Act to achieve the progressive realisation of        those rights.        Application of this Act        4. (1) This Act applies -        (a) in the Republic, including its territorial waters, exclusive        economic zone and continental shelf as described in the Maritime        Zones Act, 1994 (Act No. 15 of 1994); and        (b) to all activities in the Republic affecting the quality of air.        (2) This Act binds all organs of state -        (a) in the national and local spheres of government; and        (b) in the provincial sphere of government, subject to section 146 of        the Constitution.        Application of National Environmental Management Act        5. (1) This Act must be read with any applicable provisions of theNational Environmental Management Act.        (2) The application of this Act must be guided by the nationalenvironmental management principles set out in section 2 of the NationalEnvironmental Management Act.        Note: The NEMA Amendment Bill currently before Parliament must beamended to include a reference to this Bill in the definition of "specificenvironmental management Act".        Conflicts with other legislation        6. (1) In the event of any conflict between a section of this Act and -        (a) provincial legislation, the conflict must be resolved in terms of        section 146 of the Constitution; and        (b) a municipal by-law, the section of this Act prevails.        (2) In the event of any conflict between subordinate legislation issuedin terms of this Act and -        (a) an Act of Parliament, the Act of Parliament prevails;        (b) provincial legislation, the conflict must be resolved in terms of        section 146 of the Constitution; and        (c) a municipal by-law, the subordinate legislation issued in terms of        this Act prevails.        (3) For the proper application of subsection (2) (b) the Minister mustin terms of section 146 (6) of the Constitution submit all subordinatelegislation issued in terms of this Act and which affects provinces, to theNational Council of Provinces for approval.                                      CHAPTER 2                                             NATIONAL FRAMEWORK AND NATIONAL, PROVINCIAL AND LOCAL STANDARDS                                                               Part 1: National framework        Establishment        7. (1) The Minister must, as soon as reasonably practicable, by noticein the Gazette, establish a national framework for achieving the object ofthis Act, which must include -        (a) strategies, objectives and plans to attain compliance with ambient        air quality standards;        (b) strategies, objectives and plans to give effect to the Republic's        obligations in terms of international agreements;        (c) national norms and standards for the control of emissions from        point, non-point and mobile sources;        (d) national norms and standards for air quality monitoring;        (e) national norms and standards for air quality management planning;        (f) national norms and standards for air quality information        management;        (g) mechanisms to provide for co-operative governance in respect of air        quality management; and        (h) any other matter which the Minister considers necessary for        achieving the object of this Act.        (2) National norms and standards established in terms of subsection (1)must be aimed at ensuring -        (a) opportunities for public participation in the protection and        enhancement of air quality;        (b) public access to air quality information;        (c) the prevention of air pollution and degradation of air quality;        (d) the reduction of discharges likely to impair air quality, including        the reduction of air pollution at source;        (e) the promotion of efficient and effective air quality management;        (f) effective air quality monitoring;        (g) regular reporting on air quality; and        (h) compliance with the Republic's obligations in terms of        international agreements.        (3) The national framework -        (a) binds all organs of state in all spheres of government; and        (b) may assign and delineate responsibilities for the implementation of        this Act amongst -           (i)     the different spheres of government; and              (ii)    different organs of state.        (4) An organ of state must give effect to the national framework whenexercising a power or performing any duty in terms of this Act or any otherlegislation regulating air quality management.        (5) The national framework -        (a) may differentiate between different geographical areas;        (b) may provide for the phasing in of its provisions;        (c) may be amended from time to time; and        (d) must be reviewed by the Minister at intervals of not more than five        years.        (6) (a) Before publishing the national framework, or any amendment tothe framework, the Minister must follow a consultative process inaccordance with sections 53 and 54.        (b) Paragraph (a) need not be complied with if the framework is amendedin a non-substantive way.        National monitoring and information management standards        8. The national framework must establish national standards for -        (a) the monitoring by municipalities of -           (i)     ambient air quality; and              (ii)    point, non-point and mobile source emissions;              (b) the monitoring by provinces of-              (i)     ambient air quality; and              (ii)    the performance of municipalities in implementing this Act;               and        (c) the collection and management of data necessary to assess -           (i)     compliance with this Act;              (ii)    compliance with ambient air quality and emission standards;              (iii)   performance of organs of state in respect of air quality               management plans and priority area air quality management               plans;              (iv)    impact of, and compliance with, air quality management               plans and priority area air quality management plans;              (v)     compliance with the Republic's obligations in terms of               international agreements; and              (vi)    access to information by the public.       Part 2: National, provincial and local ambient air quality and emission                                  standards        National standards        9. (1) The Minister, by notice in the Gazette -        (a) may identify substances or mixtures of substances in ambient air        which, through ambient concentrations, bioaccumulation, deposition        or in any other way, present or are likely to present a threat to        health, well-being or the environment; and        (b) must, in respect of each of those substances or mixtures of        substances, establish national standards for -           (i)     ambient air quality, including the permissible amount or               concentration of each such substance or mixture of substances               in ambient air; or              (ii)    emissions from point, non-point or mobile sources.        (2) Section 7 (3) (a), (4), (5) and (6), with the necessary changes asthe context may require, applies to a notice published in terms of thissection.        Provincial standards        10. (1) The MEC responsible for air quality in a province may, bynotice in the Gazette -        (a) identify substances or mixtures of substances in ambient air which,        through ambient concentrations, bioaccumulation, deposition or in        any other way, present or are likely to present a threat to health,        well-being or the environment in the province; and        (b) in respect of each of those substances or mixtures of substances,        establish provincial standards for -           (i)     ambient air quality, including the permissible amount or               concentration of each such substance or mixture of substances               in ambient air; or              (ii)    emissions from point, non-point or mobile sources in the               province or in any geographical area within the province.        (2) If national standards have been established in terms of section 9for any particular substance or mixture of substances, an MEC may not alterany such national standards except by establishing stricter standards forthe province or for any geographical area within the province.        (3) A notice in terms of this section may -        (a) differentiate between different geographical areas within the        province;        (b) provide for the phasing in of its provisions; or        (c) be amended from time to time.        (1) (4) (a) Before publishing a notice in terms of this section, or anyamendment to the notice, the MEC must follow a consultative process inaccordance with sections 53 and 54.        (b) Paragraph (a) need not be complied with if the notice is amended ina non-substantive way.        Local standards        11. (1) A municipality may in terms of a by-law -        (a) identify substances or mixtures of substances in ambient air which,        through ambient concentrations, bioaccumulation, deposition or in        any other way, present or are likely to present a threat to health,        well-being or the environment in the municipality; and        (b) in respect of each of those substances or mixtures of substances,        establish local standards for emissions from point, non-point or        mobile sources in the municipality.        (2) If national or provincial standards have been established in termsof section 9 or 10 for any particular substance or mixture of substances, amunicipality may not alter any such national or provincial standards exceptby establishing stricter standards for the municipality or any part of themunicipality.        (3) Before a municipality passes a by-law referred to in subsection(1), it must follow a consultative process in terms of Chapter 4 of theMunicipal Systems Act.                                   Part 3: General        Ambient air quality and emission measurements        12. For the purpose of this Chapter, the Minister may by regulation interms of section 50 prescribe the manner in which -        (a) ambient air quality measurements must be carried out;        (b) measurements of emissions from point, non-point or mobile sourcesmust be carried out; and        (c) the manner and form in which such measurements must be reported andthe organs of state to whom such measurements must be reported.                                      CHAPTER 3                                                           INSTITUTIONAL AND PLANNING MATTERS        National Air Quality Advisory Committee        13. (1) The Minister may establish a National Air Quality AdvisoryCommittee as a subcommittee of National Environmental Advisory Forumestablished in terms of the National Environmental Management Act to advisethe Minister on the implementation of this Act.        (2) When establishing the Committee, the Minister must determine -        (a) the composition of the Committee, including the appointment, tenure        and termination of members of the Committee;        (b) the conditions of appointment of members of the Committee;        (c) the functions and functioning of the Committee; and        (d) any other matter relating to the Committee.        Appointment of air quality officers        14. (1) The Minister must designate an officer in the Department as thenational air quality officer to be responsible for co-ordinating matterspertaining to air quality management in the national government.        (2) The MEC responsible for air quality in a province must designate anofficer in the provincial administration as the provincial air qualityofficer to be responsible for co-ordinating matters pertaining to airquality management in the province.        (3) Each municipality must designate an air quality officer from itsadministration to be responsible for co-ordinating matters pertaining toair quality management in the municipality.        (4) An air quality officer must perform the duties or exercise thepowers assigned or delegated to that officer in terms of this Act.        (5) An air quality officer may delegate a duty or power referred to insubsection (4) to an official in the service of that officer'sadministration, subject to any limitations or conditions as may beprescribed by the Minister by regulation in terms of section 50.        (6) Air quality officers must co-ordinate their activities in a manneras may be set out in the national framework or prescribed by the Ministerby regulation in terms of section 50.        Air quality management plans        15. (1) Each national department or province responsible for preparingan environmental implementation plan or environmental management plan interms of Chapter 3 of the National Environmental Management Act mustinclude in that plan an air quality management plan.        (2) Each municipality must include in its integrated development planenvisaged in Chapter 5 of the Municipal Systems Act, an air qualitymanagement plan.        Contents of air quality management plans        16. (1) An air quality management plan must -        (a) within the domain of the relevant national department, province or        municipality, seek -           (i)     to give effect, in respect of air quality, to Chapter 3 of               the National Environmental Management Act to the extent that               that Chapter is applicable to it;              (ii)    to improve air quality;              (iii)   to address the effects of emissions from the use of fossil               fuels in residential applications;              (iv)    to address the effects of emissions from industrial               sources;              (v)     to implement the Republic's obligations in respect of               international agreements; and              (vi)    to give effect to best practise in air quality management;        (b) describe how the relevant national department, province or        municipality will give effect to its air quality management plan;        and        (c) comply with any other requirements as may be prescribed by the        Minister by regulation in terms of section 50.        Reporting on implementation of air quality management plans        17. The annual report which an organ of state must submit in terms ofsection 16(1)(b) of the National Environmental Management Act must containinformation on the implementation of its air quality management plan,including information on -        (a) air quality management initiatives undertaken by it during the        reporting period;        (b) the level of its compliance with ambient air quality standards;        (c) measures taken by it to secure compliance with those standards;        (d) its compliance with any priority area air quality management plans        applicable to it; and (e) its air quality monitoring activities.                                      CHAPTER 4                                                             AIR QUALITY MANAGEMENT MEASURES                                                                 Part 1: Priority areas        Declaration of priority areas        18. (1) The Minister or the MEC responsible for air quality in aprovince may, by notice in the Gazette, declare an area as a priority areaif -        (a) ambient air quality standards are being or are likely to be        exceeded in the area, or any other situation exists which is        causing, or is likely to cause, a significant negative impact on air        quality in the area; and        (b) the area requires specific air quality management action to rectify        the situation.        (2) The Minister may declare an area in terms of subsection (1) as apriority area if-        (a) the negative impact on air quality in the area -           (i)     affects the national interest; or              (ii)    is contributing, or is likely to contribute, to air               pollution in another country;        (b) the area extends beyond provincial boundaries; or        (c) the area falls within a province and the province requests the        Minister to declare the area as a priority area.        (3) The MEC responsible for air quality in a province may in terms ofsubsection (1) declare an area falling within the province as a priorityarea.        (4) The MECs responsible for air quality in two or more adjoiningprovinces may by joint action in terms of subsection (1) declare an areafalling within those provinces as a priority area.        (5) Before publishing a notice in terms of subsection (1), the Ministeror the relevant MEC or MECs must follow a consultative process inaccordance with sections 53 and 54.        (6) The declaration of an area as a priority area may be withdrawn ifthe area is in compliance with ambient air quality standards for a periodof no less than one year.        Management of priority areas        19. (1) If the Minister has in terms of section 18 declared an area asa priority area, the national air quality officer must -        (a) after consulting the air quality officers of any affected province        and municipality, prepare a priority area air quality management        plan for the area; and        (b) within six months of the declaration of the area, or such longer        period as the Minister may specify, submit the plan to the Minister        for approval.        (2) If the MEC responsible for air quality in a province has in termsof section 18 declared an area as a priority area, the air quality officerof the relevant province must -        (a) after consulting the national air quality officer and the air        quality officer of any affected municipality, prepare a priority        area air quality management plan for the area; and        (b) within six months of the declaration of the area, or such longer        period as the MEC may specify, submit the plan to the MEC for        approval.        (3) If the MECs responsible for air quality in two or more adjoiningprovinces have by joint action in terms of section 18 declared an area as apriority area, the air quality officers of the relevant provinces mustjointly -        (a) after consulting the national air quality officer and the air        quality officers of the affected municipalities, prepare a priority        area air quality management plan for the area; and        (b) within six months of the declaration of the area, or such longer        period as the relevant MECs may specify, submit the plan to the MECs        for approval.        (4) Before approving a priority area air quality management plan, theMinister or the relevant MEC or MECs -        (a) must follow a consultative process in accordance with sections 53        and 54.        (b) may require the relevant air quality officer to amend the plan        within a period determined by the Minister or the relevant MEC or        MECs.        (5) The Minister or the relevant MEC or MECs must publish an approvedplan in the Gazette within 90 days of approval.        An approved plan takes effect from the date of publication.        (6) A priority area air quality management plan -        (a) must be aimed at co-ordinating air quality management in the area;        (b) must address air quality in the area; and        (c) may for this purpose provide for the establishment of a committee        representing relevant role players.        (7) A priority area air quality management plan lapses when thedeclaration of the area as a priority area is withdrawn in terms of section18 (6).        Regulations for implementing and enforcing priority area air qualitymanagement plans        20. The Minister or the MEC responsible for air quality in a provincemay in terms of section 50 or 51 make regulations necessary forimplementing and enforcing approved priority area air quality managementplans, including -        (a) funding arrangements;        (b) measures to facilitate compliance with such plans;        (c) penalties for any contravention of or any failure to comply with        such plans; and        (d) regular review of such plans.          Part 2: Listing of activities resulting in atmospheric emissions        Listing of activities        21. (1) The Minister or the MEC responsible for air quality in aprovince may, by notice in the Gazette -        (a) publish a list of activities which results in atmospheric emissions        which have or are likely to have a significant detrimental effect on        the environment, including health, social conditions, economic        conditions, ecological conditions or cultural heritage; or        (b) amend the list by -           (i)     adding to the list additional activities contemplated in               subsection (1);              (ii)    removing activities from the list; or              (iii)   making other changes to particulars on the list.        (2) A list published by the Minister applies nationally and a listpublished by an MEC applies in the relevant province only.        (3) A notice referred to in subsection (1) -        (a) may establish minimum emission standards in respect of a substance        or mixture of substances resulting from a listed activity and        identified in the notice, including -           (i)     the permissible amount or concentration of that substance               or mixture of substances that may be emitted; and              (ii)    the manner in which measurements of such emissions must be               carried out.        (b) may contain transitional and other special arrangements in respect        of activities which are carried out at the time of their listing;        and        (c) must determine the date on which the notice takes effect.        (4) (a) Before publishing a notice in terms of subsection (1), or anyamendment to the notice, the Minister or MEC must follow a consultativeprocess in accordance with sections 53 and 54.        (b) Paragraph (a) need not be complied with if the notice is amended ina non-substantive way.        Consequences of listing        22. No person may without an atmospheric emission licence issued interms of Chapter 5 -        (a) anywhere in the Republic carry out an activity listed on the        national list or commence with the construction of infrastructure        for the carrying out of such a listed activity; or        (b) in a province carry out an activity listed on the list applicable        in that province or commence with the construction of infrastructure        for the carrying out of such a listed activity. Part 3: Controlled        emitters        Controlled emitters        23. (1) The Minister or the MEC responsible for air quality in aprovince may, by notice in the Gazette, declare any appliance or activity,or any appliance or activity falling within a specified category, as acontrolled emitter if such appliance or activity, or appliances oractivities falling within such category, result in atmospheric emissionswhich through ambient concentrations, bioaccumulation, deposition or in anyother way, presents or is likely to present a threat to health or theenvironment.        (2) Before publishing a notice in terms of subsection or any amendmentto the notice, the Minister or MEC must -        (a) follow a consultative process in accordance with sections 53 and        54;        (b) apply the precautionary principle; and        (c) consider           (i)     any sound scientific information;              (ii)    any risk assessments; and              (iii)   the Republic's obligations in terms of any applicable               international agreements.        (3) Subsection (2) need not be complied with if the notice is amendedin a non-substantive way.        Standards for controlled emitters        24. (1) When the Minister or the MEC responsible for air quality in aprovince declares an appliance or activity, or any appliance or activityfalling within a specified category, as a controlled emitter in terms ofsection 23, the notice referred to in that section must establish emissionstandards for such appliance or activity, which must include standardssetting the permissible amount or concentration of any specified substanceor mixture of substances that may be emitted from the controlled emitter.        (2) The Minister must by regulation in terms of section 50 prescribethe manner in which measurements of emissions from controlled emitters mustbe carried out.        Consequences of declaration        25. (1) No person may manufacture, sell or use any appliance or conductan activity declared as a controlled emitter unless that appliance oractivity complies with the standards established in terms of section 24.        (2) Subsection (1) applies -        (a) nation-wide in respect of an appliance or activity declared by the        Minister; or        (b) in a relevant province only, in respect of an appliance or activity        declared by the MEC responsible for air quality in that province.                               Part 4: Other measures        Pollution prevention plans        26. (1) The Minister or the MEC responsible for air quality in aprovince may, by notice in the Gazette -        (a) declare any substance contributing to air pollution as a priority        air pollutant; and        (b) require persons falling within a category specified in the notice        to prepare, submit to the Minister or MEC for approval and implement        pollution prevention plans in respect of a substance declared as a        priority pollutant in terms of paragraph (a).        (2) The Minister or MEC may, by written notice to a person carrying outa listed activity and which involves the emission of a substance declaredas a priority pollutant, require that person to prepare, submit to theMinister or MEC for approval and implement a pollution prevention plan,whether or not that person falls within a category specified in terms ofsubsection (1)(b).        (3) Pollution prevention plans must comply with requirements as may beprescribed by the Minister or MEC by regulation in terms of section 50 or51.        Atmospheric impact reports        27. An air quality officer may require any person to submit to the airquality officer an atmospheric impact report in a prescribed form if -        (a) the air quality officer reasonably suspects that the person has on        one or more occasions contravened or failed to comply with this Act        or any conditions of a licence and that such contravention or        failure has caused, or is likely to cause, a detrimental effect on        the environment, including health, social conditions, economic        conditions, ecological conditions or cultural heritage, or has        contributed to, or is likely to contribute to, the degradation of        ambient air quality; or        (b) a review of an atmospheric emission licence is undertaken in terms        of section 42.        Recognition programmes        28. An air quality officer may establish a programme for the publicrecognition of significant achievements in the area of pollutionprevention.           Part 5: Measures in respect of dust, noise and offensive odours        Control of dust        29. The Minister or the MEC responsible for air quality in a provincemay, make in terms of section 50 or 51 make regulations prescribing -        (a) measures for the control of dust in specified places or areas,        either in general or by specified machinery or in specified        instances;        (b) steps that must be taken to prevent nuisance by dust; or        (c) other measures aimed at the control of dust.        Rehabilitation when mining operations cease        30. If a mine having regard to its known ore reserves is likely tocease mining operations within a period of five years, the owner of thatmine must promptly notify the Minister, in writing -        (a) of the likely cessation of those mining operations; and        (b) of any plans that are in place or in contemplation for -           (i)     the rehabilitation of the area where the mining operations               were conducted after mining operations have stopped; and              (ii)    the prevention of pollution of the atmosphere by dust after               those operations have stopped.        Control of noise        31. The Minister or the MEC responsible for air quality in a provincemay, by regulation in terms of section 50 or 51, prescribe measures for thecontrol of noise, either in general or by specified machinery or activitiesor in specified places or areas, including for determining -        (a) a definition of noise; and        (b) the maximum levels of noise.        Control of offensive odours        32. (1) The Minister or the MEC responsible for air quality in aprovince may, by regulation in terms of section 50 or 51, prescribemeasures for the control of offensive odours emanating from specifiedactivities.        (2) The occupier of any premises must take all reasonable steps toprevent the emission of any offensive odour caused by any activity on suchpremises.                                      CHAPTER 5                                                             LICENSING OF LISTED ACTIVITIES        Licensing authority        33. (1) Metropolitan and district municipalities are charged withimplementing the atmospheric emission licensing system referred to insection 22, and must for this purpose perform the functions of licensingauthority as set out in this Chapter and other provisions of this Act,subject to subsections (2), (3) and (4).        (2) If a metropolitan or district municipality has delegated itsfunctions of licensing authority to a provincial organ of state in terms ofsection 238 of the Constitution, that provincial organ of state must forthe purposes of this Act be regarded as licensing authority in the area ofthat municipality.        (3) If a province has in terms of section 139 of the Constitutionintervened in a metropolitan or district municipality on the ground thatthat municipality cannot or does not fulfil its obligations as licensingauthority in terms of this Act, a provincial organ of state designated bythe province must for the duration of the intervention be regarded aslicensing authority in the area of that municipality.        (4) If a municipality applies for an atmospheric emission licence, aprovincial organ of state designated by the province must be regarded asthe licensing authority for the purpose of-        (a) that application; and        (b) the implementation of this Act in relation to any licence that may        be issued to the municipality.        Application for atmospheric emission licences        34. (1) A person must apply for an atmospheric emission licence bylodging to the licensing authority of the area in which the listed activityis or is to be carried out, an application on the form prescribed by thelicensing authority.        (2) An application for an atmospheric emission licence must beaccompanied by -        (a) a processing fee as may be reasonably prescribed by the Minister by        regulation in terms of section 50; and        (b) any documentation and information as may be reasonably prescribed        by the licensing authority.        Procedure for licence applications        35. (1) The licensing authority -        (a) may, to the extent that it is reasonable to do so, require the        applicant, at the applicant's expense, to obtain and provide it by a        given date with -           (i)     other information, in addition to the information contained               in or submitted in connection with the application;              (ii)    an assessment in terms of section 24 of the National               Environmental Management Act or section 21 of the Environment               Conservation Act of the likely effect of the proposed licence               on air quality; and              (iii)   an independent review of such assessment, by a person               acceptable to the licensing authority;        (b) may conduct its own investigation on the likely effect of the        proposed licence on air quality;        (c) may invite written comments from any organ of state which has an        interest in the matter; and        (d) must afford the applicant an opportunity to make representations on        any adverse statements or objections to the application.        (2) Section 24 of the National Environmental Management Act and section21 of the Environment Conservation Act applies to all applications foratmospheric emission licences, and both an applicant and the licensingauthority must comply with the requirements of those sections.        (3) An applicant must take appropriate steps to bring the applicationto the attention of relevant organs of state, interested persons and thepublic. Such steps must include the publication of a notice in newspaperscirculating in the area in which the listed activity applied for is or isto be carried out -        (a) describing the nature and purpose of the licence applied for;        (b) giving particulars of the listed activity, including the place        where it is or is to be carried out;        (c) stating a reasonable period within which written representations on        or objections to the application may be submitted, and the address        or place where representations or objections must be submitted; and        (d) containing such other particulars as the licensing authority may        require.        Factors to be taken into account by licensing authorities        36. When considering an application for an atmospheric emissionlicence, the licensing authority must take into account all relevantmatters, including -        (a) the pollution being or likely to be caused by the carrying out of        the listed activity applied for and the effect or likely effect of        that pollution on the environment, including health, social        conditions, economic conditions, cultural heritage and ambient air        quality;        (b) any practical measures that could be taken -           (i)     to prevent, control, abate or mitigate that pollution; and              (ii)    to protect the environment from harm as a result of that               pollution;        (c) the record of decision issued in terms of section 24 of the        National Environmental Management Act or section 21 of the        Environment Conservation Act;        (d) any relevant tradable emission scheme;        (e) whether the applicant is a fit and proper person determined in        accordance with the criteria set out in section 46;        (f) the applicant's submissions;        (g) any submissions from organs of state, interested persons and the        public; and        (h) any guidelines issued by the Minister or the MEC responsible for        air quality in the relevant province relating to the performance by        licensing authorities of their functions.        Decisions        37. (1) The licensing authority may -        (a) grant an application; or        (b) refuse the application.        (2) Any decision by a licensing authority to grant an application mustbe consistent with -        (a) this Act and any other applicable national or provincial        legislation;        (b) any applicable national or provincial environmental management        policies;        (c) any decision in terms of section 24 of the National Environmental        Management Act or section 21 of the Environment Conservation Act;        (d) the national environmental management principles set out in section        2 of the National Environmental Management Act;        (e) any transitional and other special arrangements contemplated in        section 21(3)(b);        (f) any minimum standards for atmospheric emissions of identified        substances or mixtures of substances as contemplated in section        21(3);        (g) any applicable pollution prevention plan contemplated in section        26;        (h) the objectives of any applicable air quality management plan; and        (i) any ambient air quality or emission standards that have been        determined in terms of this Act.        (2) After a licensing authority has reached a decision in respect of alicence application, it must promptly -        (a) notify the applicant;        (b) in a manner determined by the licensing authority, notify any        persons who have objected to the application; and        (c) at the request of any person referred to in paragraph (a) or (b),        give written reasons for its decision or make public its reasons.        Successful applications        38. (1) If an application for an atmospheric emission licence has beengranted in terms of section 37(1)(a), the licensing authority must firstissue a provisional atmospheric emission licence to enable the installationand commissioning of the listed activity.        (2) A provisional atmospheric emission licence is subject to suchconditions and requirements -        (a) as the licensing authority may determine; and        (b) as the Minister or the MEC responsible for air quality in the        relevant province has prescribed by regulation in terms of section        50 or 51 for listed activities of the kind in question.        Issuing of atmospheric emission licences        39. (1) The holder of a provisional atmospheric emission licence isentitled to an atmospheric emission licence when the commissioned facilityis in full compliance with the conditions and requirements of theprovisional atmospheric emission licence for a period of at least sixmonths.        (2) An atmospheric emission licence is subject to such conditions andrequirements -        (a) as are specified in terms of section 40        (b) as the licensing authority may determine; and        (c) as the Minister or the MEC responsible for air quality in the        relevant province has prescribed by regulation in terms of section        50 or 51 for listed activities of the kind in question.        Contents of provisional atmospheric emission licences and atmosphericemission licences        40. (1) An atmospheric emission licence must specify-        (a) the activity in respect of which it is issued;        (b) the premises in respect of which it is issued;        (c) the person to whom it is issued;        (d) the period for which the licence is issued;        (e) the name of the licensing authority;        (f) the periods at which the licence may be reviewed;        (g) the maximum allowed concentration of pollutants that may be        discharged in the atmosphere -           (i)     under normal working conditions; and              (ii)    under normal start-up, maintenance and shut-down               conditions;        (h) any other operating requirements relating to atmospheric        discharges, including non-point source or fugitive emissions;        (i) point source emission measurement and reporting requirements;        (j) on site ambient air quality measurement and reporting requirements;        (k) penalties for non-compliance;        (l) greenhouse gas emission measurement and reporting requirements; and        (m) any other matters which are necessary for the protection or        enforcement of air quality.        (2) An atmospheric emission licence may -        (a) specify conditions in respect of odour and noise;        (b) require the holder of the licence to comply with all lawful        requirements of an environmental enforcement officer carrying out        his or her duties in terms of the National Environmental Management        Act, including a requirement that the holder of the licence must, on        request, submit to the officer a certified statement indicating -           (i)     the extent to which the conditions and requirements of the               licence have or have not been complied with;              (ii)    particulars of any failure to comply with any of those               conditions or requirements;              (iii)   the reasons for any failure to comply with any of those               conditions or requirements; and              (iv)    any action taken, or to be taken, to prevent any recurrence               of that failure or to mitigate the effects of that failure.        Transfer of atmospheric emission licences        41. (1) If ownership of an activity for which an atmospheric emissionlicence was issued is transferred, the atmospheric emission licence may,with the permission of a licensing authority, be transferred by the holderof the licence to the new owner of the activity        (2) A person may apply for permission for the transfer of anatmospheric emission licence by lodging to the licensing authority of thearea in which the listed activity is carried out, an application on theform prescribed by the licensing authority.        (3) An application for an atmospheric emission licence must beaccompanied by -        (a) a processing fee as may be reasonable prescribed the Minister by        regulation in terms of section 50; and        (b) any documentation and information as may be reasonable prescribed        by the licensing authority.        (4) When considering an application for the transfer of an atmosphericemission licence, the licensing authority must take into account allrelevant matters, including whether the person to whom the licence is to betransferred is a fit and proper person determined in accordance with thecriteria set out in section 46.        Review of atmospheric emission licences        42. (1) A licensing authority must review a provisional atmosphericemission licence or an atmospheric emission licence at intervals specifiedin the licence, or when circumstances demand that a review is necessary.        (2) The licensing authority must inform the licence holder and therelevant provincial air quality officer, in writing, of any proposedreview.        (3) For purposes of the review, an air quality officer may require thelicence holder to compile and submit an atmospheric impact reportcontemplated in section 27.        Variation of atmospheric emission licences        43. (1) A licensing authority may, by written notice to the holder ofan atmospheric emission licence, vary the licence -        (a) if it is necessary or desirable to prevent deterioration of ambient        air quality;        (b) if it is necessary or desirable for the purposes of achieving        ambient air quality standards;        (c) if it is necessary or desirable to accommodate demands brought        about by impacts on socio-economic circumstances and it is in the        public interest to meet those demands;        (d) at the written request of the holder of the licence;        (e) if it is transferred to another person in terms of section 41; or        (f) if it is reviewed in terms of section 42.        (2) A variation includes -        (a) the attaching of an additional condition or requirement to a        licence;        (b) the substitution of a condition or requirement;        (c) the removal of a condition or requirement; or        (d) the amendment of a condition or requirement.        (3) If a licensing authority receives a request from the holder of alicence in terms of subsection (1)(d), the licensing authority must requirethe holder of the licence to take appropriate steps to bring the request tothe attention of relevant organs of state, interested persons and thepublic if -        (a) the variation of the licence will authorise an increase in the        environmental impact regulated by the licence;        (b) the variation of the licence will authorise an increase in        atmospheric emissions; and        (c) the proposed variation has not, for any reason, been the subject of        an authorisation in terms of any other legislation and public        consultation.        (4) Steps in terms of subsection (3) must include the publication of anotice in newspapers circulating in the area in which the listed activityauthorised by the licence is, or will be, carried out -        (a) describing the nature and purpose of the request;        (b) giving particulars of the listed activity, including the place        where it is carried out;        (c) stating a reasonable period within which written representations on        or objections to the request may be submitted, and the address or        place where representations or objections must be submitted; and        (d) containing such other particulars as the licensing authority may        require.        (5) Sections 35 and 37, read with the necessary changes as the contextmay require, apply to the variation of an atmospheric emission licence.        Renewal of atmospheric emission licences        44. (1) An atmospheric emission licence may, on application by theholder of the licence, be renewed by a licensing authority.        (2) The holder of an atmospheric emission licence must before theexpiry date of the licence apply for the renewal of the licence to thelicensing authority of the area in which the listed activity is carriedout, by lodging to the licensing authority an application on the formprescribed by the licensing authority.        (3) An application for the renewal of a licence must be accompanied by-        (a) a processing fee as may be reasonably prescribed Minister by        regulation in terms of section 50;        (b) proof that the relevant provincial air quality officer has been        notified of the application; and        (c) any documentation and information as may be reasonably prescribed        by the licensing authority.        (4) The holder of a provisional atmospheric emission licence may notapply for the renewal of the provisional licence more than once.        (5) Sections 35, 37 and 40, read with the necessary changes as thecontext may require, apply to an application for the renewal of anatmospheric emission licence.        Emission control officers        45. (1) An air quality officer may require the holder of an atmosphericemission licence to designate an emission control officer, having regard tothe size and nature of the listed activity for which the licence wasgranted.        (2) An emission control officer must have requisite air qualitymanagement competence in respect of the listed activity in question, andmust -        (a) work towards the development and introduction of environmentally        compatible processes; and        (b) take all reasonable steps to ensure compliance by the holder of the        licence with the licence conditions and requirements.        (3) Nothing in this section affects the obligations and liability ofthe holder of a licence to comply with the conditions and requirements ofthe licence.        Criteria for fit and proper persons        46. In order to determine whether a person is a fit and proper personfor the purposes of an application in terms of this Chapter, a licensingauthority must take into account all relevant facts, including -        (a) whether that person has contravened or failed to comply with this        Act, the Atmospheric Pollution Prevention Act or any other        legislation applicable to air quality;        (b) whether that person has held an atmospheric emission licence or        other authority under this Act, the Atmospheric Pollution Prevention        Act or any such other legislation that has been suspended or        revoked;        (c) whether that person is or was a director or manager of a company or        firm to whom paragraph (a) or (b) applies; and        (d) whether the management of the listed activity which is the subject        of the application will or will not be in the hands of a technically        competent person.                                      CHAPTER 6                                                          INTERNATIONAL AIR QUALITY MANAGEMENT        Trans-boundary air pollution        47. (1) The Minister may investigate any situation which creates, ormay reasonably be anticipated to contribute to -        (a) trans-boundary air pollution; or        (b) air pollution that violates, or is likely to violate, an        international agreement binding on the Republic in relation to the        prevention, control or correction of pollution, as a result of a        substance or substances being released into the air from a source.        (2) If, after such investigation, the Minister is of the opinion thatthe release of a substance into the air from a source in the Republic mayhave a significant detrimental impact on air quality, the environment orhealth in a country other than the Republic, the Minister may in terms ofsection 50 prescribe regulations for the purposes of preventing,controlling or correcting the releases within the Republic.        (3) Before publishing regulations referred to in subsection (2), theMinister must consult with -        (a) the Cabinet member responsible for foreign affairs; and        (b) the MEC responsible for air quality in each of the provinces        concerned.        (4) Regulations referred to in subsection (2) may include provisionsregarding -        (a) the quantity or concentration of the substance that may be released        into the air;        (b) the manner in which and conditions under which the substance may be        released into the air, either alone or in combination with any other        substance;        (c) the maintenance of records for the administration of any regulation        made under this section;        (d) the conduct of sampling, analyses, tests, measurements or        monitoring of the substance and the submission of the results to the        Minister; and        (e) the conditions, test procedures and laboratory practices to be        followed for conducting sampling, analyses, tests, measurements or        monitoring of the substance.        (5) The Minister may, through the Cabinet member responsible forforeign affairs, advise the government of any country that would beaffected by or benefit from the identification, notice or regulation beforeit is published.                                      CHAPTER 7                                                                 OFFENCES AND PENALTIES        Offences        48. (1) A person is guilty of an offence if that person -        (a) contravenes a provision of section 22, 24, 25, 26, 27, 30, 32(2),        or 44;        (b) contravenes or fails to comply with a condition or requirement of        an atmospheric emission licence or a provision of Chapter 5;        (c) supplies false or misleading information in any application for an        atmospheric emission licence, or for the transfer, variance or        renewal of such a licence;        (d) supplies false or misleading information to an air quality officer;        (e) contravenes or fails to comply with a condition subject to which        exemption from a provision of this Act was granted in terms of        section 56.        (2) A person operating a controlled emitter is guilty of an offence ifspecified pollutants at concentrations above the standards for suchpollutants are emitted from that controlled emitter.        (3) A person operating a listed activity is guilty of an offence ifspecified pollutants at concentrations above the emission limits specifiedin an atmospheric emission licence is emitted from that activity.        Penalties        49. (1) A person convicted of an offence referred to in section 48 isliable to a fine, or to imprisonment for a period not exceeding ten years,or to both such fine and such imprisonment.      (2) A fine in terms of subsection (1) -        (a) may not exceed an amount prescribed in terms of legislation        regulating maximum fines for criminal offences; and        (b) must be determined with due consideration of-           (i)     the severity of the offence in terms of its impact, or               potential impact, on health, well-being, safety and the               environment;              (ii)    the monetary or other benefits which accrued to the               convicted person through the commission of the offence; and              (iii)   the extent of the convicted person's contribution to the               overall pollution load of the area under normal working               conditions.                                      CHAPTER 8                                                                     GENERAL MATTERS                                 Part 1: Regulations                                          Regulations by Minister        50. The Minister may or must make regulations in respect of any matterwhich the Minister may or must make in terms of this Act, includingregulations, not inconsistent with this Act, regarding -        (a) any matter necessary to give effect to the Republic's obligations        in terms of an international agreement relating to air quality;        (b) matters relating to environmental management co-operation        agreements, to the extent that those agreements affect air quality;        (c) emissions, including the prohibition of emissions, from point, non-        point and mobile sources of emissions, including motor vehicles;        (d) the regulation of noise;        (e) open fires or incinerators;        (f) ozone depleting substances;        (g) codes of practice;        (h) records and returns;        (i) labelling;        (j) trading schemes;        (k) powers and duties of air quality officers;        (l) appeals against decisions of officials in the exercise of their        powers and functions in terms of the regulations;        (m) incentives to encourage change in behaviour towards air pollution        by all sectors in society;        (n) requirements in respect of monitoring;        (o) the avoidance or reduction of harmful effects on air quality from        activities not otherwise regulated in terms of this Act; or        (p) any other matter necessary for the implementation of this Act.        Regulations by MECs responsible for air quality        51. The MEC responsible for air quality management in a province maymake regulations for the province, not inconsistent with this Act, inrespect of any matter which the MEC may or must make in terms of this Act,including a matter referred to in section 50 (c) to (p).        General        52. (1) Regulations made in terms of section 50 or 51 may -        (a) restrict or throughout prohibit any act either absolutely or        conditionally;        (b) apply -           (i)     generally to the Republic or a province, as the case may               be, or only in a specified area or category of areas; or              (ii)    generally to all persons or only to a specified category of               persons; or        (b) differentiate between different -           (i)     areas or categories of areas; or              (ii)    persons or categories of persons;        (c) incorporate by reference any code of practice or national and        international standard relating to air quality.        (2) Regulations made in terms of section 50 or 51 may provide that anyperson who contravenes or fails to comply with a provision thereof isguilty of an offence and liable on conviction to -        (a) imprisonment for a period not exceeding five years;        (b) an appropriate fine; or        (c) both a fine and imprisonment.        (3) (a) Before publishing any regulations in terms of section 50 or 51,or any amendment to the regulations, the Minister or MEC must follow aconsultative process in accordance with sections 53 and 54.        (b) Paragraph (a) need not be complied with if the regulations areamended in a non-substantive way.                            Part 2: Consultation process        Consultation        53. (1) Before exercising a power which, in terms of a provision ofthis Act, must be exercised in accordance with this section and section 54,the Minister or MEC responsible for air quality in the province must followa consultative process as may be appropriate in the circumstances.        (2) The Minister must, as may be appropriate in terms of subsection (1)-        (a) consult all Cabinet members whose areas of responsibility will be        affected by the exercise of the power;        (b) in accordance with the principles of co-operative governance as set        out in Chapter 3 of the Constitution, consult the MEC responsible        for air quality in each province that will be affected by the        exercise of the power; and        (c) allow public participation in the process in accordance with        section 54.        (3) The MEC responsible for air quality in a province must, as may beappropriate in terms of subsection (1) -        (a) consult all members of the Executive Council whose areas of        responsibility will be affected by the exercise of the power;        (b) in accordance with the principles of co-operative governance as set        out in Chapter 3 of the Constitution, consult the Minister and all        other national organs of state that will be affected by the exercise        of the power; and        (c) allow public participation in the process in accordance with        section 54.        Public participation        54. (1) The Minister or MEC must give notice of the proposed exerciseof the relevant power -        (a) in the Gazette; and        (b) in at least one newspaper distributed nationally, or if the        exercise of the power will affect only a specific area, in at least        one newspaper distributed in that area.        (2) The notice must -        (a) invite members of the public to submit to the Minister or MEC,        within 30 days of publication of the notice in the Gazette, written        representations on or objections to the proposed exercise of the        power; and        (b) contain sufficient information to enable members of the public to        submit meaningful representations or objections.        (3) The Minister or MEC may in appropriate circumstances allow anyinterested person or community to present oral representations orobjections to the Minister or MEC, or a person designated by the Ministeror MEC.        (4) The Minister or MEC must give due consideration to allrepresentations or objections received or presented before exercising thepower.                         Part 3: Delegations and exemptions        Delegations        55. (1) The Minister may delegate to an official of the Department andthe MEC responsible for air quality in a province may delegate to anofficial in the MEC's department -        (a) any of the powers or duties assigned to the Minister or MEC in        terms of this Act, excluding the power to publish or amend a        regulation in terms of section 50 or 51 or a notice in terms of        section 7 (1), 9 (1), 10 (1), 18 (1), 21 (1), 23 (1) or 26 (1); or        (b) any powers or duties reasonably necessary to assist the Minister in        exercising a power or complying with a duty assigned to the Minister        in terms of this Act.        (2) The Minister or MEC must regularly review and, if necessary, amendor withdraw a delegation in terms of subsection (1).        (3) A delegation to an official in terms of subsection (1)-        (a) is subject to any limitations and conditions as the Minister or MEC        may impose;        (b) is subject to any limitations and conditions the Minister or MEC        may impose;        (c) may either be to a specific individual or to the holder of a        specific post in the relevant department;        (d) may authorise that official to sub-delegate, in writing, the        delegated power or duty to another official in the department, or to        the holder of a specific post in the department; and        (e) does not divest the Minister or MEC of the responsibility        concerning the exercise of the delegated power or the performance of        the delegated duty.        (4) The Minister or MEC may confirm, vary or revoke any decision takenby an official as a result of a delegation or sub-delegation in terms ofthis section, subject to any rights that may have become vested as aconsequence of the decision.        Exemptions        56. (1) Any person or organ of state may, in writing, apply forexemption from the application of a provision of this Act to the Minister.        (2) An application in terms of subsection (1) must be accompanied byreasons.        (3) The Minister may require an applicant applying for exemption totake appropriate steps to bring the application to the attention ofrelevant organs of state, interested persons and the public. Such stepsmust include the publication of a notice in newspapers -        (a) giving reasons for the application; and        (b) containing such other particulars concerning the application as the        Minister may require.        (4) The Minister may -        (a) from time to time review any exemption granted in terms of this        section; and        (b) on good grounds withdraw any exemption.        (5) The Minister may on such conditions and limitations determined bythe Minister delegate any of the powers contained in this section to -        (a) the MEC responsible for air quality in a province; or        (b) a metropolitan or district municipality.                                      CHAPTER 9                                                                      MISCELLANEOUS        Repeal of legislation        57. (1) The Atmospheric Pollution Prevention Act is hereby repealedsubject to subsection (2) and (3) and section 58.        (2) Anything done or deemed to have been done under a provisionrepealed by subsection (1) and which can be done in terms of a provision ofthis Act must be regarded as having been done under the provision of thisAct.        (3) Anything done or deemed to have been done under a provisionrepealed by subsection (1) and which can be done in terms of theconstitutional or statutory powers of a municipality, remain in force inthe area of a municipality until repealed by the municipality of that area.        Transitional arrangements in respect of registration certificates        58. (1) At the commencement of this Act all existing provisional andpermanent registration certificates issued in respect of processesidentified in Schedule 2 of the Atmospheric Pollution Prevention Act mustbe deemed to be provisional atmospheric emission licences issued in termsof this Act for a period of two years from the commencement of this Act.        (2) The national air quality officer must issue written confirmation toholders of such registration certificates of the change in status of theiratmospheric emission authorisation within 90 days of the commencement ofthis Act.        (3) The holders of a written confirmation referred to in subsection (2)must make an application for an atmospheric emission licence within oneyear of the commencement of this Act.        (4) Failure to make the necessary application within the periodprovided under subsection (3) renders the provisional atmospheric emissionlicence contemplated in subsection (1) null and void.        (5) The holder of a provisional atmospheric emission licencecontemplated in subsection (1) is entitled to an atmospheric emissionlicence when the facility for which the licence is issued is in fullcompliance with the requirements of the provisional atmospheric emissionlicence.        (6) Despite subsection (5) the licensing authority may require a reviewof the provisional atmospheric emission licence in terms of section 42 or avariation as provided for in section 43 before the atmospheric emissionlicence contemplated in of subsection (5) is granted.        Transitional provision regarding listed activities        59. Pending the publication of listed activities as contemplated insection 21, the processes identified in Schedule 2 of the AtmosphericPollution Prevention Act must for the purposes of this Act be regarded tobe listed activities.        Transitional provision regarding ambient air quality standards        60. Pending the establishment of ambient air quality standards in termsof sections 9, 10 or 11, the ambient air quality guidelines made in termsof the Atmospheric Pollution Prevention Act continue to apply as follows:        (a) ambient concentrations of ozone (03) may not exceed -           (i)     an instant peak of 1.25 parts per million measured at 25ø-               degrees Celsius and normal atmospheric pressure;              (ii)    a one hour average of 0.12 parts per million measured at               25ø- degrees Celsius and normal atmospheric pressure;        (b) ambient concentrations of the oxides of nitrogen (NO2) may not        exceed -           (i)     an instant peak of 1.4 parts per million measured at 25ø-               degrees Celsius and normal atmospheric pressure;              (ii)    a one hour average of 0.8 parts per million measured at 25ø-               degrees Celsius and normal atmospheric pressure;              (iii)   a twenty four (24) hour average of 0.4 parts per million               measured at 25ø- degrees Celsius and normal atmospheric               pressure and the 24 hour limit may not be exceeded more than               three times in one year;              (iv)    a one month average of 0.3 parts per million measured at               250 Celsius and normal atmospheric pressure;              (v)     an annual average of 0.2 parts per million measured at 250               Celsius and normal atmospheric pressure;        (c) ambient concentrations of nitrogen dioxide (NO2) may not exceed -           (i)     an instant peak 0.5 parts per million measured at 250               Celsius and normal atmospheric pressure;              (ii)    a one hour average of 0.2 parts per million measured at 250               Celsius and normal atmospheric pressure;              (iii)   a twenty four hour average of 0.1 parts per million               measured at 250 Celsius and normal atmospheric pressure and               the 24 hour limit may not be exceeded more than three times               in one year;              (iv)    a one month average of 0.08 parts per million measured at               25ø- degrees Celsius and normal atmospheric pressure;              (v)     an annual average of 0.05 parts per million measured at 25ø-               degrees Celsius and normal atmospheric pressure;        (d) ambient concentrations of Sulphur dioxide (SO2) may not exceed -           (i)     a ten minute average instant peak of 0.191 parts per               million measured at 25ø- degrees Celsius and normal               atmospheric pressure;              (ii)    an instant peak 500 micrograms per cubic meter (g/m3)               measured at 25o Celsius and normal atmospheric pressure              (iii)   a twenty four hour average of 0.048 parts per million or               125 micrograms per cubic meter (pg/m3) measured at 25ø-               degrees Celsius and normal atmospheric pressure;              (iv)    an annual average of 0.019 parts per million or 50               micrograms per cubic meter (g/m3) measured at 250 Celsius and               normal atmospheric pressure;        (e) ambient concentrations of lead (Pb) may not exceed a one month        average of 2.5 micrograms per cubic meter (g/m3);        (f) ambient concentrations of particulate matter with a particle size        of less than 10 microns (p.) in size (PM 10 may not exceed -           (i)     a twenty four hour average of 180 micrograms per cubic               meter (g/m3) and the 24 hour limit may not be exceeded more               than three times in one year;              (ii)    an annual average of 60 micrograms per cubic meter (g/m);           (g) ambient concentrations of total suspended solids may not exceed -           (i)     a twenty four hour average of 300 micrograms per cubic               meter (g/m3) and the 24 hour limit may not be exceeded more               than three times in one year;              (ii)    annual average of 100 micrograms per cubic meter (g/m3).        Short title and commencement        61. This Act is called the National Environmental Management: AirQuality Act, 2003, and takes effect on a date determined by the Minister bynotice in the Gazette.