Disaster Management Act, 2002 (Act No. 57 of 2002)NoticesDirections relating to National Environmental Management Permits and Licences during Alert Level 3AnnexuresAnnexure 7 : Services to be provided or obtained by applicants, authorities, specialists and other professionals as part of processes in relation to atmospheric emission licenses (AELs) as contemplated in the National Environmental Management: Air Quality Act (AQA) |
Annexure 7: Services to be provided or obtained by applicants, specialists and other professionals as part of processes in relation to atmospheric emission licenses (AELs) as contemplated in the National Environmental Management: Air Quality Act (AQA)
General provisions
1. | The provision or obtaining of services indicated in the table below, in addition to the specific requirements indicated in the table, is subject to all the applicable health and safety and other restrictions, directions and requirements determined in terms of section 27(2) of the Disaster Management Act. |
2. | If there is any uncertainty about whether an activity is allowed or not, the relevant official of the applicable authority should be approached for guidance and/or confirmation. |
3. | At all times it must be ensured that reasonable opportunity is provided for public participation and that all administrative actions are reasonable. While the COVID-19 pandemic is a unique circumstance, the specific circumstances in each case must be considered in order to determine what will be reasonable. If in the circumstances of a particular case alternative reasonable methods to give notice to relevant organs of state, interested persons and the public are available, then the relevant licensing authority can be approached for an agreement in this regard as per the table below. |
Activity |
Requirements |
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Request a meeting with the licensing authority, including pre-application discussions or meetings to discuss and reach agreement on the appropriate steps to bring the request or application to the attention of relevant organs of state, interested persons and the public as required in terms of AQA. |
A person (applicant, specialist EAP or other professional) who performs the services must:
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Meetings between proponents/applicants, specialists and other professionals |
Unless part of a site visit, virtual or telephonic meetings to be arranged. |
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Site visits |
The number of people present at site visits must be restricted as far as possible.
Site meetings are restricted to meetings between a specialist and Atmospheric Emission License (AEL) applicant. |
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Public participation |
Proponents/Applicants, specialists and professionals, where relevant, must:
In ensuring the above, applicants, specialists and other professionals may make use of the following non-exhaustive list of methods— emails, websites, Zero Data Portals, Cloud Based Services, or similar platforms, direct telephone calls, virtual meetings, newspaper notices, radio advertisements, community representatives, distribution of notices at places and premises that are accessible to relevant organs of state, interested persons or the public. |
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Make reports available for comment |
Reports may not be made available at places and premises closed to the public as contemplated in the Regulations.
Hard copies or electronic versions of reports may be made accessible through any of the following non-exhaustive list of methods: websites, Zero Data Portals, community or traditional authorities, Cloud Based Services, provided that all of relevant organs of state, interested persons and the public have access to the reports. |
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Submit reports and documents to licensing authority for decision making on applications requiring public participation |
Applicants must, when submitting documents to the licensing authority for decision-making purposes, submit a declaration indicating that:
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Availing copy of Atmospheric Emission License |
Hard copies or electronic versions of AELs issued to be made available on websites (or platforms similar to DropBox) or any other appropriate platforms provided that all relevant organs of state, interested persons or the public have access to such AELs.
The applicant must provide proof that all relevant organs of state, interested persons and the public have been provided access to such AELs. |
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On site compliance measurement by stack emission testers |
Site meetings restricted to meetings between stack emission tester, specialist and holder of the AEL. |