National Environment Management: Air Quality Act [No. 39 of 2004]


Government Gazette
REPUBLIC OF SOUTH AFRICA

Vol. 476 Cape Town 24 February 2005 No. 27318
THE PRESIDENCY No. 163 24 February 2005
It is hereby notified that the President has assented to the following Act, which is hereby published for general information:–
No. 39 of 2004: National Environment Management: Air Quality Act, 2004.

2 No. 27318 GOVERNMENT GAZETTE, 24 FEBRUARY 2005
Act No. 39,2004 NATIONAL ENVIRONMENT MANAGEMENT: AIR QUALITY ACT. 2004
(English text signed by the President.) (Assented to 19 February 2005.)
ACT To reform the law regulating air quality in order to protect the environment by providing reasonable measures for the prevention of pollution and ecological degradation and for securing ecologically sustainable development while promot- ing justifiable economic and social development; to provide for national norms and standards regulating air quality monitoring, management and control by all spheres of government; for specific air quality measures; and for matters incidental thereto.
PREAMBLE
WHEREAS the quality of ambient air in many areas of the Republic is not conducive to a healthy environment for the people living in those areas let alone promoting their social and economic advancement; And whereas the burden of health impacts associated with polluted ambient air falls most heavily on the poor; And whereas air pollution carries a high social, economic and environmental cost that is seldom borne by the polluter; And whereas atmospheric emissions of ozone-depleting substances, greenhouse gases and other substances have deleterious effects on the environment both locally and globally; And whereas everyone has the constitutional right to an environment that is not harmful to their health or well-being; And whereas everyone has the constitutional right to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that-
(a) prevent pollution and ecological degradation; (b) promote conservation; and (c) secure ecologically sustainable development and use of natural resources
And whereas minimisation of pollution through vigorous control, cleaner technologies and cleaner production practices is key to ensuring that air quality is improved; And whereas additional legislation is necessary to strengthen the Government’s strategies for the protection of the environment and, more specifically, the enhancement of the quality of ambient air, in order to secure an environment that is not harmful to the health or well-being of people,
while promoting justifiable economic and social development;
4 No. 27318 GOVERNMENT GAZETTE. 24 FEBRUARY 2005
Act No. 39,2004 NATIONAL ENVIRONMENT MANAGEMENT AIR QUALITY ACT, 2004
B E IT THEREFORE ENACTED by the Parliament of the Republic of South Africa, as follows:- TABLE OF CONTENTS
Sections CHAPTER 1
INTERPRETATION AND FUNDAMENTAL PRINCIPLES
1. Definitions 2. Object of Act 3. General duty of State 4. Application of 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. 10. 11.
12.
13. 14. 15. 16. 17.
18. 19. 20.
21. 22.
National standards Provincial standards Local standards
Part 3: General
Ambient air quality and emission measurements
CHAPTER 3
INSTITUTIONAL AND PLANNING MATTERS
National Air Quality Advisory Committee Appointment of air quality officers Air quality management plans Contents of air quality management plans Reporting on implementation of air quality management plans
CHAPTER 4
10
1.5
20
25
30
AIR QUALITY MANAGEMENT MEASURES
Part 1: Priority areas
Declaration of priority areas 35 Management of priority areas Regulations for implementing and enforcing priority area air quality manage- ment plans
Part 2: Listing of activities resulting in atmospheric emissions
Listing of activities Consequences of listing
40
6 No. 27315 GOVERNMENT GAZETTE. 24 FEBRUARY 2005
23. 24. 25.
26. 27. 28.
29. 30. 31.
32. 33. 34. 35.
36. 37. 38. 39. 40. 41. 42. 43.
44.
45.
46.
47.
48. 49.
50.
51.