National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004)Chapter 5 : Licensing of Listed Activities46. Variation of provisional atmospheric emission licences and atmospheric emission licences |
| (1) | A licensing authority may, by written notice to the holder of a provisional atmospheric emission licence or an atmospheric emission licence, vary the licence— |
| (a) | if it is necessary or desirable to prevent deterioration of ambient air quality; |
| (b) | if it is necessary or desirable for the purposes of achieving ambient air quality standards; |
| (c) | if it is necessary or desirable to accommodate demands brought about by impacts on socio-economic circumstances and it is in the public interest to meet those demands; |
| (d) | at the written request of the holder of the licence; |
| (e) | if it is transferred to another person in terms of section 44; or |
| (f) | if it is reviewed in terms of section 45. |
| (2) | The variation of a licence includes— |
| (a) | the attaching of an additional condition or requirement to the licence; |
| (b) | the substitution of a condition or requirement; |
| (c) | the removal of a condition or requirement; or |
| (d) | the amendment of a condition or requirement. |
| (3) | If a licensing authority receives a request from the holder of a licence in terms of subsection (1)(d), the licensing authority must require the holder of the licence to take appropriate steps to bring the request to the attention of relevant organs of state, interested persons and the public if— |
| (a) | the variation of the licence will authorise an increase in the environmental impact regulated by the licence; |
| (b) | the variation of the licence will authorise an increase in atmospheric emissions; and |
| (c) | the proposed variation has not, for any reason, been the subject of an authorisation in terms of any other legislation and public consultation. |
| (4) | Steps in terms of subsection (3) must include the publication of a notice in at least two newspapers circulating in the area in which the listed activity authorised by the licence is, or will be, carried out— |
| (a) | describing the nature and purpose of the request; |
| (b) | giving particulars of the listed activity, including the place where it is or will be carried out; |
| (c) | stating a reasonable period within which written representations on or objections to the request may be submitted, and the address or place where representations or objections must be submitted; and |
| (d) | containing such other particulars as the licensing authority may require. |
| (5) | Sections 38 and 40, read with the necessary changes as the context may require, apply to the variation of a licence. |