National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004)Chapter 8 : General MattersPart 1 : Regulations55. General |
| (1) | Regulations made in terms of this Act may— |
| (a) | restrict or prohibit any act, either absolutely or conditionally; |
| (b) | apply— |
| (i) | generally to the Republic or a province, as the case may be, or only in a specified area or category of areas; or |
| (ii) | generally to all persons or only to a specified category of persons; |
| (c) | differentiate between different— |
| (i) | areas or categories of areas; or |
| (ii) | persons or categories of persons; and |
| (d) | incorporate by reference any code of practice or any national or international standard relating to air quality. |
| (2) | Regulations made in terms of this Act may provide that any person who contravenes or fails to comply with a provision thereof is guilty of an offence and liable on conviction to— |
| (a) | imprisonment for a period not exceeding five years; |
| (b) | an appropriate fine; or |
| (c) | both a fine and imprisonment. |
(3)
| (a) | Before publishing any regulation made in terms of this Act, or any amendment to the regulations, the Minister or MEC must follow a consultative process in accordance with sections 56 and 57. |
| (b) | Paragraph (a) need not be complied with if the regulations are amended in a non-substantive way. |