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

Chapter 8 : General Matters

Part 1 : Regulations

55. General

 

(1) Regulations made in terms of this Act may—
(a) restrict or prohibit any act, either absolutely or conditionally;
(b) apply—
(i) generally to the Republic or a province, as the case may be, or only in a specified area or category of areas; or
(ii) generally to all persons or only to a specified category of persons;
(c) differentiate between different—
(i) areas or categories of areas; or
(ii) persons or categories of persons; and
(d) incorporate by reference any code of practice or any national or international standard relating to air quality.

 

(2) Regulations made in terms of this Act may provide that any person who contravenes or fails to comply with a provision thereof is guilty of an offence and liable on conviction to—
(a) imprisonment for a period not exceeding five years;
(b) an appropriate fine; or
(c) both a fine and imprisonment.

 

(3)        

(a) Before publishing any regulation made in terms of this Act, or any amendment to the regulations, the Minister or MEC must follow a consultative process in accordance with sections 56 and 57.
(b) Paragraph (a) need not be complied with if the regulations are amended in a non-substantive way.