Regulations for Implementing and Enforcing Priority Area Air Quality Management Plans: National Environmental Management: Air Quality Act, 2004 (Act No.39 of 2004)

26 August 2024

The Minister of Forestry, Fisheries and the Environment, Dr Dion George, has published the Regulations for implementing and enforcing Priority Area Air Quality Management Plans, in terms of Section 20 of the National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004), in the Government Gazette 51120, Notice 5153 for implementation.

The Regulations set out requirements necessary for implementing and enforcing any approved priority area air quality management plans, plans constituted to bring priority areas into compliance with national ambient air quality standards. The Regulations provide for mandatory implementation of targeted emission reduction and management interventions; mechanisms for government to monitor and evaluate the effectiveness of interventions as well as enforcement measures where non-compliance is identified.

The Regulations apply to a stakeholder assigned responsibility in terms of a priority area air quality management plan which includes: (a) any person conducting a listed activity; (b) any person operating a controlled emitter; (c) any holder of a right or permit related to a prospecting operation, exploration operation, mining operation, or production operation; (d) any person conducting reclamation; and (e) any department of state or administration in the national, provincial or local sphere of government.

These stakeholders must develop and submit emission reduction and management plans in terms of the Regulations within six months of the publication of a priority area air quality management plan or reviewed plan. The Regulations further require that once approved or noted, an emission reduction and management plan must be implemented by the identified stakeholder within the timeframes specified in that plan. Any priority area air quality management plan published prior to the commencement of these regulations must, within two years of the commencement of the regulations, be reviewed to include emission reduction targets.

A copy of the Regulations can be accessed on: https://rb.gy/02tq31, as well as on the South African Air Quality Information System website: https://saaqis.environment.gov.za

For media inquiries contact:

Peter Mbelengwa    
Mobile: 082 611 8197    
E-mail: pmbelengwa@dffe.gov.za