PROPOSED REGULATIONS FOR PRIORITY AREA AIR QUALITY MANAGEMENT PLANS  

Title: National Environmental Management: Air Quality Act 39 of 2004 (“NEMAQA”): Consultation on the Proposed Regulations for Implementing and Enforcing Priority Area Air Quality Management Plans 

Gazette reference: GN 4843 in GG 50668 of 17 May 2024 

Commencement date: 17 June 2024 

On 10 May 2024, the Minister of Forestry, Fisheries and the Environment under section 20 of the NEMAQA published the Regulations for implementing and enforcing priority area air quality management plans (“the Regulations”). 

The Regulations set out necessary requirements for implementing and enforcing any approved priority area air quality management plans. They provide for: 

  • Mandatory requirements for applications, such as the inclusion of measurable emission reduction targets; 
  • Mechanisms for the government to receive reporting and evaluate the effectiveness of plans; 
  • Transitional arrangements; 
  • Enforcement measures and penalties. 

The Regulations will apply to all key stakeholders identified to be significant contributors to poor air quality in the respective air quality management plans, including listed activities; contrlled emitters; mining operations and government stakeholders. 

AIR QUALITY ACT: NOTICE ON TEMPORARY MANUAL REGISTRATION PROCESSES REGARDING ATMOSPHERIC EMISSIONS 

Title: National Environmental Management: Air Quality Act, 2004 (Act No.39 of 2004): Notice Regarding Manual Registration of Data Providers, Reporting of Atmospheric Emissions, and the Management of Atmospheric Emission Licenses, Through a Manual Process While Transitional Arrangements are Underway to Establish New Systems for the Calendar Years 2024 to 2026 

Gazette reference: GN 4493 in GG 50284 of 8 March 2024 

Commencement date: 8 March 2024 

On 8 March 2024, the Minister of Forestry, Fisheries and the Environment informed the public of the need for manual registration of data providers, the manual reporting of atmospheric emissions and the manual management of Atmospheric Emission Licenses for 2024 to 2026, while arrangements are underway to establish new online systems. The reason for the temporary manual processes is that the South African Atmospheric Emission Inventory and Licence Portal is currently unavailable and will not be accessible for 2024 to 2026. 

Persons classified as data providers and required to register, report and verify information in terms of regulations 5(1), 6, 8(1) and 10 of the National Atmospheric Emission Reporting Regulations, 2015, must now temporarily do so in the manner specified by the relevant licensing authority, whose contacts are accessible on the South African Air Quality Information Systems (SAAQIS) website. Data providers must submit the required informed by email to NAEISAdmin@dffe.gov.za from 1 January to 30 June of each calendar year.