National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004)Chapter 4 : Air Quality Management MeasuresPart 4 : Controlled fuels26. Controlled fuels |
| (1) | The Minister or MEC may, by notice in the Gazette, declare a substance or mixture of substances which, when used as a fuel in a combustion process, 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 present such a threat, as a controlled fuel. |
| (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. |