National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004)Chapter 4 : Air Quality Management MeasuresPart 3 : Controlled emitters23. Controlled emitters |
| (1) | The Minister or MEC may, by notice in the Gazette, declare any appliance or activity, or any appliance or activity falling within a specified category, as a controlled emitter if such appliance or activity, or appliances or activities falling within such category, result in atmospheric emissions which through ambient concentrations, bioaccumulation, deposition or in any other way, present a threat to health or the environment or which the Minister or MEC reasonably believes presents such a threat. |
| (2) | Before publishing a notice in terms of subsection (1) or any amendment to the notice, the Minister or MEC must— |
| (a) | follow a consultative process in accordance with sections 56 and 57; |
| (b) | apply the precautionary principle contained in section 2(4)(a)(vii) of the National Environmental Management Act; |
| (c) | take into account the Republic’s obligations in terms of any applicable international agreement; and |
| (d) | consider— |
| (i) | any sound scientific information; and |
| (ii) | any risk assessments. |
| (3) | Subsection (2) need not be complied with if the notice is amended in a non-substantive way. |