1. Air Pollution

2. Air pollution is the main cause of respiratory diseases among children and along with fresh water are the greatest contributors to child illness. Children exposed to Air pollution get sick more frequently and take longer to recover (Soweto).
Main contributors to air pollution are energy sector compounded by climactic conditions eg. Mpumalanga highveld.

3. Atmospheric Pollution Prevention Act 45 of 1965
Repealed by NEM: Air Quality Act 39 of 2004
APPA set controls for atmospheric pollution and noxious gases.
Standard of proof is ‘best practicable means’ to reduce or prevent to minimum the escape into the atmosphere.
Standard subjectively applied by Air pollution control officer. Flexibility allowed for differing circumstances and technology advancements.

4. However resulted in lack of uniformity.
Sanction for non-compliance was R 500 fine or 6 months in prison and for repeat offenders a R 2000 fine or 1 year in prison.
As a result Min abandoned sanctions and relied on interdict to enforce compliance.
Minister of Health v Woodcarb.

5. Until recently only 1 inspector for KZN and Free State.
Therefore APPA had to be replaced

6. National Environmental Management: Air Quality Act 39 of 2004
Rational for new Act. Old Act outdated and inadequate.
Objectives of new Act: Protect environment by providing reasonable measures for….
Protection & enhancement of air quality in SA
Prevent ecological degradation.
Secure ecologically sustainable development and generally provide for section 24 of the Constitution

7. Minister is required ito chap 2 to adopt national monitoring and information management standards.
National Ambient Air Quality standards were set for co2, sulphur dioxide, lead etc.
Compared to WHO guidelines they are equivalent.

8. Act provides for establishment of National Air Quality Advisory Committee.
The standards mentioned above are relevant iro declared ‘priority areas’. Min or MEC make such declarations in GG.
The Act also specifies that an Air Quality Management Plan be used to for priority areas.
Vaal triangle declared priority zone in 2006.

9. Regulations for enforcing the plan were published in 2009 requiring an emissions reduction strategy by 2014.
Act requires the listing of activities that result in atmospheric pollution which may have a detrimental effect.
Listing results in is that activity requires licence.

10. Contravention results in 5 million Rand fine or 5 years in prison or both.
In March 2010 Min published list of s 8 activities e.g.. Combustion installation.
Listed activities have minimum emissions standards. Term of licence can be varied.
Other measures: pollution prevention plan; atmospheric impact reports; recognition programmes; noise control etc.

11. Chap 6: Trans-boundary pollution matters
Responsibility of Minister to address.
Health Act may be used ito nuisance.
Hi Change Investments Case