COMMENT FORM

Important Note:

Comments on:

NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY BILL

Submitted by:

Chamber of Mines of South Africa

Submitted To:

Date of Submission:

29 January 2004

Contact Person

Name:

Nikisi Lesufi

Designation:

Environmental Adviser

Telephone:

E-mail:

Bill Reference

Comment/Concerns

Suggestion (suggested deletion / amendment / addition)

Full Clause Reference

Heading or sub-heading

Clause 7(6)(b)

Establishment

Consultative mechanisms must be followed in the case of any amendment to the national framework, even those which might be considered "non-substantive. This comment applies to several other clauses.

Delete the clause.

Clause 10(1)(a)

Provincial standards

Imposition of stricter standards than the national norm is a serious matter. A proper scientific process should be required to determine why stricter standards should be imposed in a province.

Insert "… other way, are quantitatively demonstrated [present or are likely] to present a threat …".

Clause 10(4)(b)

Provincial standards

As for 7(6)(b).

Delete the clause.

Clause 11(1)(a)

Local standards

Imposition of stricter standards than both the national and provincial norms is a very serious matter. A proper scientific process should be required to determine why stricter standards should be imposed in a municipality.

Insert "… other way, are quantitatively demonstrated [present or are likely] to present a threat …".

Clause 21(4)(b)

Listing of activities

As for 7(6)(b).

Delete the clause.

Clause 22

Consequences of listing

The clause does not address the needs of holders of deemed provisional atmospheric emission licences. It effectively prohibits continuing to conduct the activity until an atmospheric emission licence has been issued.

Insert "… emission licence or deemed provisional atmospheric emission licence issued in terms of [Chapter 5] this Act conduct an activity-".

Clause 23(3)

Controlled emitters

As for 7(6)(b).

Delete the clause.

Clause 30

Rehabilitation when mining operations cease

This section is covered by s 43 of the Mineral and Resources Development Act, 2002. The Department of Minerals and Energy should be required to inform DEAT of the closure of a mine in terms of their co-operative governance arrangements.

Delete the clause.

Clause 37(2)

Decisions of licensing authority

A decision to refuse an application must meet many requirements and should be in line with the conditions for granting an application, albeit with the opposite effect.

Insert: "…to grant or refuse an application".

Clause 37(3)

Decisions of licensing authority

"Promptly" is a relative concept. In order to ensure regulatory certainty, a specific time period should be specified.

Amend the clause to: "… it must within 5 working days {or 1 week} [promptly] –".

Clause 41(3)

Transfer of atmospheric emission licences

The text is currently identical to that of clause 34(2).

Insert "An application for the transfer of an atmospheric …".

Clause 42(2)

Review of atmospheric emission licences

There should be a good reason for an unscheduled review of a licence. The circumstances demanding such a review should therefore be specified.

Amend the clause to: "… officer, in writing, providing detailed reasons for [of] any proposed review".

Clause 43(1)

Variation of atmospheric emission licences

For the sake of transparency and good governance, the conditions that necessitate the varying of an atmospheric emission license should be explained to the licence holder.

Amend the clause to: "… authority may, providing detailed reasons in writing for doing so, by written notice …".

Clause 52(3)(b)

General

As for 7(6)(b).

Delete the clause.

Clause 58(3)

Transitional arrangements in respect of registration certificates

It is unreasonable that the holder of a deemed provisional atmospheric emission licence should have to comply with the requirements of clause 35(2) when making application for an atmospheric emission licence. See also the following comment on clause 58(5).

Holders of deemed provisional atmospheric emission licences should not be required to carry out EIAs in order to receive atmospheric emission licences.

Clause 58(5)

Transitional arrangements in respect of registration certificates

The clause is ambiguous: it seems that the intention is that the holder of a deemed provisional atmospheric emission licence will be granted an atmospheric emission licence directly. However, if the requirements of a provisional atmospheric emission licence are to be met, it could be interpreted to mean that such a licence must be obtained first. Clauses (3) and (5) also appear to be at odds.

The clause (and possibly clause 58 as a whole) should be rewritten to remove the ambiguity.

Clause 60

Transitional provision regarding ambient air quality standards

Any standards should be determined in a way that the Bill prescribes. The Atmospheric Pollution Prevention Act guidelines should remain exactly that – guidelines – until standards are developed.

Delete the clause.