National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004)Chapter 1 : Interpretation and Fundamental Principles6. Conflicts with other legislation |
| (1) | In the event of any conflict between a section of this Act and— |
| (a) | provincial legislation, the conflict must be resolved in terms of section 146 of the Constitution; |
| (b) | a municipal by-law, the section of this Act prevails. |
| (2) | In the event of any conflict between subordinate legislation issued in terms of this Act and— |
| (a) | an Act of Parliament, the Act of Parliament prevails; |
| (b) | provincial legislation, the conflict must be resolved in terms of section 146 of the Constitution; and |
| (c) | a municipal by-law, the subordinate legislation issued in terms of this Act prevails. |
| (3) | For the proper application of subsection (2)(b) the Minister must, in terms of section 146(6) of the Constitution, submit all subordinate legislation issued in terms of this Act and which affects provinces to the National Council of Provinces for approval. |