Acts Online
GT Shield

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

Regulations

Section 24G Fine Regulations

Annexure A

Section A : Directive

 

Section 24G(1) of the National Environmental Management Act, 1998 (Act No. 107 of 1998) ( "NEMA") provides that on application by a person who has commenced with a listed or specified activity without an environmental authorisation in contravention of section 24F(1); or a person who has commenced, undertaken or conducted a waste management activity without a waste management licence in terms of section 20(b) of the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008) ( "NEM:WA ") the Minister, the Minister responsible for mineral resources or the MEC concerned (or the official to which this power has been delegated), as the case may be, may direct the applicant to—

 

i

immediately cease the activity pending a decision on the application submitted in terms of this subsection

ii

investigate, evaluate and assess the impact of the activity on the environment

iii

remedy any adverse effects of the activity on the environment

iv

cease, modify or control any act, activity, process or omission causing pollution or environmental degradation

v

contain or prevent the movement of pollution or degradation of the environment

vi

eliminate any source of pollution or degradation

vii

compile a report containing—

aa

a description of the need and desirability of the activity

bb

an assessment of the nature, extent, duration and significance of the consequences for or impacts on the environment 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

cc

a description of mitigation measures undertaken or to be undertaken in respect of the consequences for or impacts on the environment of the activity

dd

a description of the public participation process followed during the course of compiling the report, including all comments received from interested and affected parties and an indication of how the issues raised have been addressed

ee

an environmental management programme

viii

provide such other information or undertake such further studies as the Minister, Minister responsible for mineral resources or MEC, as the case may be, may deem necessary.

 

You are hereby provided with an opportunity to make representations on any or all of the abovementioned instructions, including where you are of the opinion that any of these instructions are not relevant for the purposes of your application, setting out the reasons for your assertion. Kindly note further that, after taking your representations into account, a final directive may be issued.