National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004)

Chapter 2 : National Framework and National, Provincial and Local Standards

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(1)	The MEC may, by notice in the Gazette—

(a)	identify substances or mixtures of substances in ambient air which, through ambient concentrations, bioaccumulation, deposition or in any other way, present a threat to health, well-being or the environment in the province or which the MEC reasonably believes present such a threat; and

(b)	in respect of each of those substances or mixtures of substances, establish provincial standards for—

(i)	ambient air quality, including the permissible amount or concentration of each such substance or mixture of substances in ambient air; or

(ii) emissions from point, non-point or mobile sources in the province or in any geographical area within the province.

(2)	If national standards have been established in terms of section 9 for any particular substance or mixture of substances, the MEC may not alter any such national standards except by establishing stricter standards for the province or for any geographical area within the province.

(3) A notice issued under this section may—

(a) differentiate between different geographical areas within the province;

(b) provide for the phasing in of its provisions; and

(4)

(a)	Before publishing a notice in terms of this section, or any amendment to the notice, the MEC must follow a consultative process in accordance with sections 56 and 57.

(b)	Paragraph (a) need not be complied with if the notice is amended in a non-substantive way.