National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004)Chapter 4 : Air Quality Management MeasuresPart 1 : Priority areas18. Declaration of priority areas |
| (1) | The Minister or MEC may, by notice in the Gazette, declare an area as a priority area if the Minister or MEC reasonably believes that— |
| (a) | ambient air quality standards are being, or may be, exceeded in the area, or any other situation exists which is causing, or may 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 act under subsection (1), 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 MECs of two or more adjoining provinces may by joint action in terms of subsection (1) declare an area falling within those provinces as a priority area. |
| (4) | Before publishing a notice in terms of subsection (1), the Minister or the relevant MEC or MECs must follow a consultative process in accordance with sections 56 and 57. |
| (5) | The Minister or MEC may, by notice in the Gazette, withdraw the declaration of an area as a priority area if the area is in compliance with ambient air quality standards for a period of at least two years. |