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NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY AMENDMENT BILL, 2013

Detailed overview of the National Environmental Management: Air Quality Amendment Bill, 2013 for improved air quality governance and regulatory processes in alignment with environmental conservation acts.

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NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY AMENDMENT BILL, 2013

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  1. NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY AMENDMENT BILL, 2013 Briefing to the Portfolio Committee on Water and Environmental Affairs 25 July 2013

  2. BACKGROUND • The National Environmental Management: Air Quality Act, 2004 regulates air quality in the country in order to protect the environment by providing reasonable measures for the prevention of pollution and ecological degradation while promoting justifiable economic and social development. • Since 2005, atmospheric emission licensing system implementation challenges were identified that were negatively impacting upon the effective and efficient implementation of the National Environmental Management: Air Quality Act, 2004.

  3. OBJECTIVES OF NEMAQA BILL • The National Environmental Management: Air Quality Amendment Bill, 2013 amends certain provisions under the National Environmental Management: Air Quality Act, 2004, so as to provide for further alignment with the provisions of the National Environmental Management Act, 1998 (Act No. 107 of 1998); to close regulatory gaps within the atmospheric emission licensing system and to delete certain obsolete provisions.

  4. DEFINITIONS • Clause 1: seeks to revise and correct the definitions of the “Department” and “Minister” necessitated by name changes in government. • The definition for “Environment Conservation Act” is deleted as due to the amendments, it will no longer be used in the Act.

  5. NATIONAL AIR QUALITY ADVISORY COMMITTEE • Clause 2:seeks to amend section 13 of the Act to ensure that the establishment of the National Air Quality Advisory Committee is in accordance with section 3A of NEMA. • Section 3A of NEMA provides the Minister with a legal mandate to establish any advisory committees.

  6. MANAGEMENT OF PRIORITY AREAS • Clause 3: seeks to amend section 19(1)(b) of the Act to change the time-frame for submitting an priority area air quality management plan to the Minister for approval from six months to 24 months as it is not possible in practice to complete and consult on the plan within six months.

  7. RECTIFICATION OF UNLAWFUL ACTIVITIES • Clause 4: seeks to inserts section 22A to the Act to allow the licensing authority to deal with unlawful activities resulting in atmospheric emission. • Licensing authority may direct an applicant to─ - immediately cease the activity pending a decision on the submitted application; - investigate, evaluate and assess the impact of the activity on the ambient air; - cease or control any act, activity, process or omission causing atmospheric emission; - prevent atmospheric emission from the activity; - compile specialist studies.

  8. RECTIFICATION OF UNLAWFUL ACTIVITIES • The Bill also provides for an administrative fine not exceeding R5 Million. • The Bill further makes it clear that criminal prosecution may still be instituted despite the fact that a person has applied for an atmospheric emission licence. • The amendment also allows the licensing authority to defer a decision until such time that the criminal investigation has been concluded.

  9. POLLUTION PREVENTION PLANS • The current provisions of section 29 do not provide for any monitoring, evaluation and reporting requirements. • Clause 5: seeks to amend section 29 to provide for monitoring, evaluation and reporting requirements on the implementation of an approved pollution prevention plan.

  10. LICENSING AUTHORITY • Clause 6: seeks to amend section 36 to provide for situations where the Minister will be the licensing authority, namely- - where the applicant for atmospheric emission licence is the provincial organ of state, who has been delegated the power to issue the atmospheric emission licences; - where the listed activity falls within the jurisdiction of two provinces;

  11. LICENSING AUTHORITY - where the air quality activity is part of any strategic infrastructure project; or - where the activity is also related to an activity listed under the National Environmental Management Act, 1998 or the National Environmental Management: Waste Act, 2008 the Minister and the Minister is the competent authority.

  12. LICENSING AUTHORITY • The Bill also provide for the issuing of an integrated environmental authorisation for related activities under the National Environmental Management: Air Quality Act, 2004, National Environmental Management Act, 1998, National Environmental Management: Waste Act, 2008. • The Bill further provides for the Minister and the relevant licensing authorities to enter into an agreement regarding certain activities that may be authorised either by the Minister or the relevant licensing authority.

  13. APPLICATION FOR ATMOSPHERIC EMISSION LICENCE • Clauses 7, 8 & 9: seek to amend sections 38, 39 and 40 to provide for further alignment with the environmental impact assessment provisions under the National Environmental Management Act, 1998 by removing references to repealed section 22 to the Environment Conservation Act, 1989. • Clause 10: seeks to amend section 41 to provide for a period of validity of 1 year for provisional atmospheric emission licence from the date of commissioning.

  14. CRITERIA FOR FIT AND PROPER PERSONS • Clause 11: seeks to clarify the intention of section 49 to mean that where a juristic person employs a director or manager, that was previously employed by another juristic person and which juristic person contravened air quality legislation or whose licence was suspended, the current juristic person could be found to be a not fit and proper person.

  15. OFFENCES • Currently, it is not an offence not to comply with established controlled fuel standards established in terms of section 28. • Clause 12: seeks to amend section 51 to make it an offence for any person not complying with section 28.

  16. REGULATIONS BY MINISTER • Clause 13: seeks to amend section 53 to provide the Minister with regulatory power to develop regulations on the procedure and criteria to be followed in the determination of an administrative fine in terms of section 22A.

  17. TRANSITIONAL PROVISIONS • Clauses 14, 15 & 16: seek to amend sections 62 (transitional provision regarding listed activities), 63 (transitional provision regarding ambient air quality standards) and Schedule 2 (transitional ambient air quality standards) to repeal certain obsolete transitional arrangements provisions. • The national listed activities and emission standards and ambient air quality standards were published and are currently implemented.

  18. THANK YOU

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