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

Chapter 7 : Offences and Penalties

51. Offences
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(1) A person is guilty of an offence if that person—
(a)contravenes a provision of section 22, 25, 28 or 35(2);

[Subsection (1)(a) substituted by section 11 of Act No. 20 of 2014]

(b) fails to submit or to implement a pollution prevention plan as required by section 29(1)(b) or (2);
(c) fails to submit an atmospheric impact report required in terms of section 30;
(d) fails to notify the Minister as required by section 33;
(e)contravenes or fails to comply with a condition or requirement of an atmospheric emission licence;
(f)supplies false or misleading information in any application for an atmospheric emission licence, or for the transfer, variation or renewal of such a licence;
(g) supplies false or misleading information to an air quality officer;
(h) contravenes or fails to comply with a condition subject to which exemption from a provision of this Act was granted in terms of section 59.

 

(2) A person operating a controlled emitter is guilty of an offence if the emissions from that controlled emitter do not comply with the standards established under section 24(1).

 

(3) A person performing a listed activity is guilty of an offence if air pollutants at concentrations above the emission limits, specified in an atmospheric emission licence, are emitted as a result of that activity.