| (1) |
Upon application for an atmospheric emission licence by a person who— |
| (a) |
operated, at any time prior to the commencement of this Act, a scheduled process in terms of the Atmospheric Pollution Prevention Act, without a provisional registration or registration certificate; or |
the relevant licensing authority must fine the applicant an administrative fine which may not exceed R10 million before the application for an atmospheric emission licence may be considered.
| (2) |
An application contemplated in subsection (1) must be submitted in accordance with the requirements contained in section 37. |
| (3) |
On application contemplated in subsection (1), the licensing authority must direct the applicant to— |
| (a) |
immediately cease the activity pending a decision on the application submitted in terms of this section; |
| (aA) |
undertake public participation, as prescribed; |
| (b) |
investigate, evaluate and assess the impact of the activity on the environment, including the ambient air and human health; |
| (c) |
remedy any adverse effect of the activity on the environment, including the ambient air and human health; |
| (d) |
cease, modify or control any act, activity, process or omission causing atmospheric emission; |
| (e) |
eliminate any source of atmospheric emission; |
| (f) |
compile a report containing— |
| (i) |
a description of the need and desirability of the activity; |
| (ii) |
an assessment of the nature, extent, duration and significance of the consequences for or impacts on the environment, including the ambient air, and human health of the activity, including the cumulative effects and the manner in which the geographical, physical, biological, social, economic and cultural aspects of the environment may be affected by the proposed activity; |
| (iii) |
a description of mitigation measures undertaken or to be undertaken in respect of the consequences for, or impacts on, the environment, including the ambient air, and human health; |
| (iv) |
a description of the public participation process followed during the course of compiling the report, including all comments received from the interested and affected parties and an indication of how issues raised have been addressed; and |
| (v) |
an environmental management programme; and |
| (g) |
provide such other information or undertake such further studies as the licensing authority may deem necessary. |
| (4) |
If it comes to the attention of the licensing authority that the applicant is under criminal investigation for the contravention of, or failure to comply with section 22, the licensing authority may defer a decision to issue a provisional atmospheric emission licence or an atmospheric emission licence until such time that the investigation is concluded and— |
| (a) |
the National Prosecuting Authority has decided not to institute prosecution in respect of the contravention of, or failure to comply with, section 22; |
| (b) |
the applicant concerned is acquitted or found not guilty after prosecution in respect of the contravention of, or failure to comply with, section 22; or |
| (c) |
the applicant concerned has been convicted by a court of law of an offence in respect of the contravention of, or failure to comply with, section 22 and the applicant has in respect of the conviction exhausted all the recognised legal proceedings pertaining to appeal or review. |
| (5) |
The submission of an application or the issuing of a provisional atmospheric emission licence or an atmospheric emission licence in terms of this section, or the payment of an administrative fine in terms of subsection (1), must— |
| (a) |
in no way derogate from the authority of the environmental management inspector or the South African Police Service, to investigate any transgression of this Act; |
| (b) |
in no way derogate from the National Prosecuting Authority’s legal authority to institute any criminal prosecution; or |
[Section 22A substituted by section 55 of the National Environmental Management Laws Amendment Act 2022, GG46602, dated 24 June 2022: Commencement by Proclamation 125 of 2023, GG48869, dated 30 June 2023]
Statistics Act, 1999
