National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004)Chapter 1 : Interpretation and Fundamental Principles1. Definitions |
(1) In this Act, unless the context indicates otherwise—
means any change in the composition of the air caused by smoke, soot, dust (including fly ash), cinders, solid particles of any kind, gases, fumes, aerosols and odorous substances;
means a plan referred to in section 15;
means an officer appointed in terms of section 14 as an air quality officer;
excludes air regulated by the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993);
"atmospheric emission" or "emission"
means any emission or entrainment process emanating from a point, non-point or mobile source that results in air pollution;
means an atmospheric emission licence contemplated in Chapter 5;
means the Atmospheric Pollution Prevention Act, 1965 (Act No. 45 of 1965);
means the commencement of a listed activity;
[Definition inserted by section 1(a) Act No. 20 of 2014]
means any appliance or activity declared as a controlled emitter in terms of section 23;
means the Department responsible for environmental affairs;
[Definition substituted by section 1(b) of Act No. 20 of 2014]
has the meaning assigned to it section 1 of the National Environmental Management Act;
[Definition deleted by section 1(c) of Act No. 20 of 2014]
when used in relation to
| (a) | the Minister, means the Government Gazette; and |
| (b) | the MEC, means the Provincial Gazette of the province concerned; |
means gaseous constituents of the atmosphere, both natural and anthropogenic, that absorb and re-emit infrared radiation, and includes carbon dioxide, methane and nitrous oxide;
means an authority referred to in section 36(1), (2), (3A), (4) of (5) responsible for implementing the licensing system set out in Chapter 5;
[Definition substituted by section 1(d) of Act No. 20 of 2014]
means any activity listed in terms of section 21;
means the member of the Executive Council of a province who is responsible for air quality management in the province;
means the Minister responsible for environmental affairs;
[Definition substituted by section 1(e) of Act No. 20 of 2014]
means a single identifiable source of atmospheric emission which does not emanate from a fixed location;
means a municipality established in terms of the Local Government : Municipal Structures Act, 1998 (Act No. 117 of 1998);
means the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000);
means the National Environmental Management Act, 1998 (Act No. 107 of 1998);
means the framework established in terms of section 7(1);
means a source of atmospheric emissions which cannot be identified as having emanated from a single identifiable source or fixed location, and includes veld, forest and open fires, mining activities, agricultural activities and stockpiles;
means any smell which is considered to be malodorous or a nuisance to a reasonable person;
has the meaning assigned to it in section 239 of the Constitution;
means a substance having chemical or physical properties which, by its release into the atmosphere, can cause a depletion of the stratospheric ozone layer;
means a single identifiable source and fixed location of atmospheric emission, and includes smoke stacks and residential chimneys;
has the meaning assigned to it in section 1 of the National Environmental Management Act;
means an area declared as such in terms of section 18;
means a plan referred to in section 19;
means a provisional atmospheric emission licence contemplated in Chapter 5;
includes—
| (a) | the national framework; |
| (b) | any regulation made in terms of this Act; and |
| (c) | other subordinate legislation issued in terms of this Act. |
| (2) | In this Act, a word or expression derived from a word or expression defined in subsection (1) has a corresponding meaning unless the context indicates that another meaning is intended. |