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

Chapter 9 : Miscellaneous

61. Transitional arrangements in respect of registration certificates issued in terms of Atmospheric Pollution Prevention Act
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(1)        

(a) Despite the repeal of the Atmospheric Pollution Prevention Act by section 60 of this Act, a provisional registration certificate issued in terms of that Act and which was a valid certificate immediately before the date on which section 60 took effect, continues to be valid for a period of two years from that date, subject to paragraph (c).
(b)During the period for which a provisional registration certificate continues to be valid, the provisions of this Act, read with the necessary changes as the context may require, apply in respect of—
(i) the holder of such a certificate as if that person is the holder of a provisional atmospheric emission licence issued in terms of section 41(1) of this Act for the activity for which the certificate was issued; and
(ii) the certificate as if the certificate is a provisional atmospheric emission licence.
(c) If during the two-year period referred to in paragraph (a)—
(i) a provisional atmospheric emission licence is issued to the holder of a provisional registration certificate following a revision in terms of section 45 or an application for renewal in terms of section 47, the certificate expires on the date of issue of the provisional licence; or
(ii) an atmospheric emission licence is issued to the holder of a provisional registration certificate in terms of section 42(1), the certificate expires on the date of issue of the licence.

 

(2)        

(a) Despite the repeal of the Atmospheric Pollution Prevention Act by section 60 of this Act, a registration certificate issued in terms of that Act and which was a valid certificate immediately before the date on which section 60 took effect. continues to be valid for a period of four years from that date, subject to paragraph (d).
(b) During the period for which a registration certificate continues to be valid, the provisions of this Act,  read with the necessary changes as the context may require, apply in respect of—
(i)the holder of such a certificate as if that person is the holder of an atmospheric emission licence issued in terms of section 42( 1) of this Act for the activity for which the certificate was issued; and
(ii) the certificate as if the certificate is an atmospheric emission licence.
(c) The holder of a registration certificate must within the first three years of the four year period referred to in paragraph (a), lodge a renewal application in terms of section 47 with the licensing authority of the area in which the activity for which the certificate was issued is carried out.

(d)        

(i) If the holder of a registration certificate fails to comply with paragraph (c), the certificate expires at the end of the three years referred to in paragraph (c).
(ii)If during the four-year period referred to in paragraph (a) an atmospheric emission licence is issued to the holder of a registration certificate following an application for renewal in terms of paragraph (c), the certificate expires on the date of issue of the licence.
(iii) If during the period before the holder of a registration certificate lodges an application for renewal in terms of paragraph (c), an atmospheric emission licence is issued to the holder of the certificate following a revision in terms of section 45, the certificate expires on the date of issue of the licence. In such event compliance with paragraph (c) falls away.

 

(3)Despite the repeal of the Atmospheric Pollution Prevention Act by section 60 of this Act, any application for a registration certificate made in terms of that Act which was not decided when section 60 took effect, must be proceeded with in terms of this Act as if such application was an application for an atmospheric emission licence in terms of section 37.