National Environmental Management: Air Quality Amendment Bill, 2013

General and Technical Comments: Amendment of Section 1: No objection. Amendment of Section 13: No objection. Amendment of Section 19: No objection. Amendment to Section 22A: Agree with insertion; With regards to section 22A (4), guidance is recommended on the implementation of this subsection in terms of the methodology that will be used to determine the administrative fine. Amendment to Section 19: No objection.

General and Technical Comments: Amendment to Section 36: Concern and disagreement is raised regarding the proposed insertion of Section 36 (6-7). poses considerable challenges and raises concern in the Province on how state owned entities, major hazardous installations (in terms of future compliance monitoring), will be regulated. These facilities are regarded as significant point source contributors of pollution. AEL licensing authorities are often accused by the public of pursuing political, strategic or social goals in a way that ignores consequential human rights impacts (e.g. right to clean air). As such, licensing authorities should not have direct links to business enterprises that are owned or controlled by the State, to ensure that the interests of local communities and their environment are protected.

General and Technical Comments: In addition, those facilities that have been identified in the Western Cape as national priorities for future expansion to support economic development and job creation are licensed by the Licensing Authorities within their jurisdictional areas. Recommendation: Current Licensing Authorities (Province, District and Metro) continue to process such applications, as these authorities handle complaints and monitor compliance and enforcement associated with any AELs issued. Recommendation: National DEA provide inputs during the EIA process, and that the Minister is not the licensing authority for declared national priorities.

General and Technical Comments: Amendment of Section 38: No objection. Amendment of Section 39: No objection. Amendment of Section 40: No objection. Amendment of Section 41: No objection. Amendment of Section 49: No objection. Amendment of Section 49: No objection. Amendment of Section 51: No objection. Amendment of Section 53: No objection. Repeal of Section 62: No objection. Repeal of Section 63: No objection. Repeal of Schedule 2 of Act 39 of 2004: No objection. Amendment of Table of Contents of Act 39 of 2004: No objection. Short title and commencement: No objection.

General and Technical Comments: Complexities in the Atmospheric Emissions Licensing process NEM: AQA does not adequately provide for complex conditions that may arise during the licensing process. The following are examples of such complexities that may arise during the licensing process: a brickmaking facility is renewing an existing licence, whilst at the same time applying for a new licence for new activities. In this instance, the facility will renew clamp kilns, but will also apply for a new AEL for Vertical Shaft Brick Kilns. a waste incinerator has an AEL licence for one incinerator and a new PAEL for new incinerators that must still be constructed as per their EIA.

General and Technical Comments: The question arises whether the same premises can hold a PAEL for one activity, as well as an AEL renewal for another activity. The NEM: AQA does not make provision for such instances. It is recommended that the NEM:AQA make provision for complex conditions as provided above.

Thank You