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

Chapter 4 : Air Quality Management Measures

Part 4 : Controlled fuels

26. Controlled fuels

 

(1) The Minister or MEC may, by notice in the Gazette, declare a substance or mixture of substances which, when used as a fuel in a combustion process, result in atmospheric emissions which through ambient concentrations, bioaccumulation, deposition or in any other way, present a threat to health or the environment or which the Minister or MEC reasonably believes present such a threat, as a controlled fuel.

 

(2) Before publishing a notice in terms of subsection (1) or any amendment to the notice, the Minister or MEC must—
(a) follow a consultative process in accordance with sections 56 and 57;
(b) apply the precautionary principle contained in section 2(4)(a)(vii) of the National Environmental Management Act;
(c) take into account the Republic’s obligations in terms of any applicable international agreement; and
(d) consider—
(i) any sound scientific information; and
(ii) any risk assessments.

 

(3) Subsection (2) need not be complied with if the notice is amended in a non-substantive way.