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

Chapter 4 : Air Quality Management Measures

Part 1 : Priority areas

18. Declaration of priority areas

 

(1) The Minister or MEC may, by notice in the Gazette, declare an area as a priority area if the Minister or MEC reasonably believes that—
(a) ambient air quality standards are being, or may be, exceeded in the area, or any other situation exists which is causing, or may cause, a significant negative impact on air quality in the area; and
(b) the area requires specific air quality management action to rectify the situation.

 

(2) The Minister may act under subsection (1), if—
(a) the negative impact on air quality in the area—
(i) affects the national interest; or
(ii) is contributing, or is likely to contribute, to air pollution in another country;
(b) the area extends beyond provincial boundaries; or
(c) the area falls within a province and the province requests the Minister to declare the area as a priority area.

 

(3) The MECs of two or more adjoining provinces may by joint action in terms of subsection (1) declare an area falling within those provinces as a priority area.

 

(4) Before publishing a notice in terms of subsection (1), the Minister or the relevant MEC or MECs must follow a consultative process in accordance with sections 56 and 57.

 

(5) The Minister or MEC may, by notice in the Gazette, withdraw the declaration of an area as a priority area if the area is in compliance with ambient air quality standards for a period of at least two years.