National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004).

The Act provides for the protection and enhancement of the quality of air in the Republic and the prevention of air pollution and ecological degradation. Objects of the Act are set out in section 2.
The Act consists of 64 sections divided into 9 Chapter : Interpretation and fundamental principles (1); National framework and national, provincial and local standards (2); Institutional and planning matters (3); Air quality management measures (4); Licensing of listed activities (5); International air quality management (6); Offences and penalties (7); General matters (8); Miscellaneous (9).
Chapter 1 contains definitions, defines general duties of the State and defines the application sphere of this Act and its relation to other legislation. Chapter 2 concerns planning at central and local level for air quality protection and improvement. The Minister must establish, within a given period, a national framework for achieving the object of this Act in accordance with sections and 8 and must identify substances or mixtures of substances in ambient air which pose a threat to health and the environment in accordance with section 9. The member of the Executive Council of a province who is responsible for air quality management in the province shall do the same for a province and the municipality at municipal level but both shall respect national standards (sects. 10 and 11). The Minister may establish a National Air Quality Advisory Committee under section 13. Each national department or province responsible for preparing an environmental implementation plan or environmental management plan in terms of Chapter 3 of the National Environmental Management Act must include in that plan an air quality management plan (sects. 15 to 17).

Attached files Long title of text

An Act to reform the law regulating air quality in order to protect the environment by providing reasonable measures for the prevention of pollution and ecological degradation and for securing ecologically sustainable development while promoting justifiable economic and social development; to provide for national norms and standards regulating air quality monitoring, management and control by all spheres of government; for specific air quality measures; and for matters incidental thereto.

Date of text 19 Feb 2005 Entry into force notes The Minister shall appoint the date(s) of entry into force.

This Act must be read with any applicable provisions of the National Environmental Management Act.This Act also applies to the exclusive economic zone and continental shelf of the Republic referred to in sections 7 and 8, respectively, of the Maritime Zones Act, 1994.