National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004)Chapter 4 : Air Quality Management MeasuresPart 2 : Listing of activities resulting in atmospheric emissions21. Listing of activities |
| (a) | publish a list of activities which result in atmospheric emissions and which the Minister or MEC reasonably believes have or may have a significant detrimental effect on the environment, including health, social conditions, economic conditions, ecological conditions or cultural heritage; and |
| (b) | when necessary, amend the list by— |
| (i) | adding to the list activities in addition to those contemplated in paragraph (a); |
| (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 list published by the MEC applies to the relevant province only. |
| (3) | A notice referred to in subsection (1)— |
| (a) | must 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, volume, emission rate 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 any amendment to the notice, the Minister or MEC must follow a consultative process in accordance with sections 56 and 57. |
| (b) | Paragraph (a) need not be complied with if the notice is amended in a non-substantive way. |