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

Chapter 5 : Licensing of Listed Activities

39. Factors to be taken into account by licensing authorities

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When considering an application for an atmospheric emission licence, the licensing authority must take into account all relevant matters, including—

(a)any applicable minimum standards set for ambient air and point source emissions that have been determined in terms of this Act;
(b)the pollution being or likely to be caused by the carrying out of the listed activity applied for and the effect or likely effect of that pollution on the environment, including health, social conditions, economic conditions, cultural heritage and ambient air quality;
(c)the best practicable environmental options available that could be taken—
(i) to prevent, control, abate or mitigate that pollution; and
(ii)to protect the environment, including health, social conditions, economic conditions, cultural heritage and ambient air quality, from harm as a result of that pollution;
(d)section 24 of the National Environmental Management Act  and any applicable environmental impact assessment done, the decision taken on the application of the environmental authorisation, and any applicable notice issued or regulation made pursuant to that section;

[Paragraph (d) substituted by section 7 of Act No. 20 of 2014]

(e)any relevant tradable emission scheme;
(f) whether the applicant is a fit and proper person as contemplated in section 49;
(g)the applicant’s submissions;
(h) any submissions from organs of state, interested persons and the public; and
(i)any guidelines issued by the Minister or MEC relating to the performance by licensing authorities of their functions.