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National Environmental Management: Air Quality Bill [B62B-2003]

National Environmental Management: Air Quality Bill [B62B-2003]. Comments of the Chamber of Mines of South Africa. Decision-Making Processes. All amendments should require consultation: “non-substantive” is a relative concept Delete 7(6)(b), 10(4)(b), 21(4)(b), 23(3), 52(3)(b)

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National Environmental Management: Air Quality Bill [B62B-2003]

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  1. National Environmental Management: Air Quality Bill [B62B-2003] Comments of theChamber of Mines of South Africa

  2. Decision-Making Processes • All amendments should require consultation: “non-substantive” is a relative concept • Delete 7(6)(b), 10(4)(b), 21(4)(b), 23(3), 52(3)(b) • Decisions to refuse an application must also meet many requirements • Insert “or refuse” in 37(2) • “Promptly” is relative: specify a time period • 37(3): “it must within 5 working days [promptly]” • Reviews and variations need good reasons • 42(2), 43(1): “providing detailed reasons …”

  3. Governance • Imposition of stricter standards than the national (and provincial) norm should require a proper scientific process • 10(1)(a), 11(1)(a): “are quantitatively demonstrated [present or are likely] to present” • Mineral and Petroleum Resources Development Act and co-operative governance require notification of mine closure • Delete section 30

  4. Transitional Provisions • Existing operations must continue • Include deemed provisional AELs in 22 • Conversion of deemed provisional AEL to AEL should not require EIA • Exclude 35(2) from 58(3) • Process from deemed provisional AEL to AEL is unclear • Remove ambiguities from s 58 • Follow the Bill’s process to develop standards • Delete s 60

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