Originally published April 2010
In terms of Government Notice 220, issued on 26 March 2010, the outstanding sections of the National Environmental Management: Air Quality Act 39 of 2004 ("the NEMAQA") commenced on 1 April 2010. This notice repeals the Atmospheric Pollution Prevention Act 45 of 1965 ("the APPA"). Companies should take note of the following:
Anything done in terms of the APPA will be regarded as having been done under the NEMAQA provided that it does not conflict with the new Act.
Any provisional registration certificate issued in terms of the previous Act will continue to be valid for a two year period from 1 April 2010.
A registration certificate issued in terms of the APPA will continue to be valid for a four year period from 1 April 2010. The holder of a registration certificate must, within three years of 1 April 2010, lodge a renewal application. If the holder fails to lodge the renewal application the registration certificate will expire at the end of three years.
Any application made under the previous Act and not yet decided, must be proceeded with in terms of the new Act. The notice also introduces new requirements for emissions licences and a new application process. This process will be refined through future regulation.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.