National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004)Chapter 6 : International Air Quality Management50. Transboundary air pollution |
| (1) | The Minister may investigate any situation which creates, or may reasonably be anticipated to contribute to— |
| (a) | air pollution across the Republic’s boundaries; or |
| (b) | air pollution that violates, or is likely to violate, an international agreement binding on the Republic in relation to the prevention, control or correction of pollution. |
| (2) | If the investigation contemplated in subsection (1) reveals that the release of a substance into the air from a source in the Republic may have a significant detrimental impact on air quality, the environment or health in a country other than the Republic, the Minister may prescribe measures to prevent, control or correct the releases within the Republic. |
| (3) | Before publishing regulations under subsection (2), the Minister must consult with— |
| (a) | the Cabinet member responsible for foreign affairs; and |
| (b) | the MEC concerned. |
| (4) | Regulations contemplated in subsection (2) may include provisions regarding— |
| (a) | the quantity or concentration of the substance that may be released into the air; |
| (b) | the manner in which and conditions under which the substance may be released into the air, either alone or in combination with any other substance; |
| (c) | the maintenance of records for the administration of any regulation made under this section; |
| (d) | the conduct of sampling, analyses, tests, measurements or monitoring of the substance and the submission of the results to the Minister; and |
| (e) | the conditions, test procedures and laboratory practices to be followed for conducting sampling, analyses, tests, measurements or monitoring of the substance. |
| (5) | The Minister may, through the Cabinet member responsible for foreign affairs, advise the government of any country that would be affected by or benefit from the regulation before it is published. |