Notices > [Repealed] Directions relating to National Environmental Management Permits and Licences during Alert Level 3 > Annexures > Annexure 7 : Services to be provided or obtained by applicants, authorities, specialists and other professionals as part of processes in relation to atmospheric emission licenses (AELs) as contemplated in the National Environmental Management: Air Quality Act (AQA)

Annexure 7: Services to be provided or obtained by applicants, specialists and other professionals as part of processes in relation to atmospheric emission licenses (AELs) as contemplated in the National Environmental Management: Air Quality Act (AQA)

General provisions

The provision or obtaining of services indicated in the table below, in addition to the specific requirements indicated in the table, is subject to all the applicable health and safety and other restrictions, directions and requirements determined in terms of section 27(2) of the Disaster Management Act.

2.	If there is any uncertainty about whether an activity is allowed or not, the relevant official of the applicable authority should be approached for guidance and/or confirmation.

At all times it must be ensured that reasonable opportunity is provided for public participation and that all administrative actions are reasonable. While the COVID-19 pandemic is a unique circumstance, the specific circumstances in each case must be considered in order to determine what will be reasonable. If in the circumstances of a particular case alternative reasonable methods to give notice to relevant organs of state, interested persons and the public are available, then the relevant licensing authority can be approached for an agreement in this regard as per the table below.

Activity

Requirements

Request a meeting with the licensing authority, including pre-application discussions or meetings to discuss and reach agreement on the appropriate steps to bring the request or application to the attention of relevant organs of state, interested persons and the public as required in terms of AQA.

A person (applicant, specialist EAP or other professional) who performs the services must:

-	prepare a written proposal containing appropriate steps to bring a request or application to the attention of relevant organs of state, interested persons and the public for purposes of a request or application and submit such proposal to the licensing authority;

-	request a meeting or pre-application discussion with the relevant licensing authority regarding the written proposal and obtain agreement from the relevant licensing authority on the written proposal;

-	For new applications, the written proposal as agreed with the licensing authority must be annexed to the application;

-	Unless part of a site visit, virtual or telephonic meetings to be arranged with the relevant licensing authority.

Meetings between proponents/applicants, specialists and other professionals

Unless part of a site visit, virtual or telephonic meetings to be arranged.

Site visits

The number of people present at site visits must be restricted as far as possible.

Site meetings are restricted to meetings between a specialist and Atmospheric Emission License (AEL) applicant.

Public participation

Proponents/Applicants, specialists and professionals, where relevant, must:

-	ensure that all reasonable measures are taken to identify relevant organs of state, interested persons and the public for purposes of a request or application; and

-	ensure that, as far as is reasonably possible, taking into account the specific aspects of the application appropriate steps have been taken to bring the request or application to the attention of relevant organs of state, interested persons and the public.

In ensuring the above, applicants, specialists and other professionals may make use of the following non-exhaustive list of methods—

emails, websites, Zero Data Portals, Cloud Based Services, or similar platforms, direct telephone calls, virtual meetings, newspaper notices, radio advertisements, community representatives, distribution of notices at places and premises that are accessible to relevant organs of state, interested persons or the public.

Make reports available for comment

Reports may not be made available at places and premises closed to the public as contemplated in the Regulations.

Hard copies or electronic versions of reports may be made accessible through any of the following non-exhaustive list of methods: websites, Zero Data Portals, community or traditional authorities, Cloud Based Services, provided that all of relevant organs of state, interested persons and the public have access to the reports.

Submit reports and documents to licensing authority for decision making on applications requiring public participation

Applicants must, when submitting documents to the licensing authority for decision-making purposes, submit a declaration indicating that:

-	all reasonable measures have been taken to identify relevant organs of state, interested persons and the public for purposes of a request or application;

-	as far as is reasonably possible and taking into account the specific aspects of the request or application, appropriate steps have been taken to bring the request or application to the attention of relevant organs of state, interested persons and the public; and

-	the written proposal, as agreed with the licensing authority, has been adhered to and indicate any deviations from such agreed plan where relevant;

-	reports and documents submitted for decision-making purposes must contain the written proposal as required in terms of this Annexure.

Availing copy of Atmospheric Emission License

Hard copies or electronic versions of AELs issued to be made available on websites (or platforms similar to DropBox) or any other appropriate platforms provided that all relevant organs of state, interested persons or the public have access to such AELs.

The applicant must provide proof that all relevant organs of state, interested persons and the public have been provided access to such AELs.

On site compliance measurement by stack emission testers

Site meetings restricted to meetings between stack emission tester, specialist and holder of the AEL.

Disaster Management Act, 2002 (Act No. 57 of 2002)

Notices

Directions relating to National Environmental Management Permits and Licences during Alert Level 3

Annexures

Annexure 7 : Services to be provided or obtained by applicants, authorities, specialists and other professionals as part of processes in relation to atmospheric emission licenses (AELs) as contemplated in the National Environmental Management: Air Quality Act (AQA)