National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004)

Chapter 5 : Licensing of Listed Activities

38. Procedure for licence applications

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(1)        The licensing authority

(a)may, to the extent that it is reasonable to do so, require the applicant, at the applicant’s expense, to obtain and provide it by a given date with other information, in addition to the information contained in or submitted in connection with the application;
(b) may conduct its own investigation on the likely effect of the proposed licence on air quality;
(c) may invite written comments from any organ of state which has an interest in the matter; and
(d) must afford the applicant an opportunity to make representations on any adverse statements or objections to the application.

 

(2)Section 24 of the National Environmental Management Act applies to  all applications for atmospheric emission licences, which are subject to an environmental impact assessment in terms of section 24 of the National Environmental Management Act, and both an applicant and the licensing authority must comply with that section and any applicable notice issued or regulation made in relation to that section.

[Subsection (2) substituted by section 6(a) of Act No. 20 of 2014]

 

(3)        

(a) An applicant must, immediately after the submission of the application to the licensing authority, take appropriate steps to bring the application to the attention of relevant organs of state, interested persons and the public.

[Subsection (3)(a) substituted by section 6(b) of Act No. 20 of 2014]

(b)Such steps must include the publication of a notice in at least two newspapers circulating in the area in which the listed activity applied for is or is to be carried out—
(i) describing the nature and purpose of the licence applied for;
(ii)giving particulars of the listed activity, including the place where it is or is to be carried out;
(iiA)indicating where a copy of the application can be obtained;

[Subsection (3)(b)(iiA) inserted by section 6(c) of Act No. 20 of 2014]

(iii) stating a reasonable period within which written representations on or objections to the application may be submitted, and the address or place where representations or objections must be submitted; and
(iv) containing such other particulars as the licensing authority may require.