NATIONAL ENVIRONMENTAL MANAGEMENT ACT (107/1998): SUSPENSION AND POSTPONEMENT OF COMPLIANCE WITH THE MINIMUM EMISSION STANDARDS AND THE APPLICATIONS FOR THE ISSUANCE OF PROVISIONAL ATMOSPHERIC EMISSION LICENCES

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NATIONAL ENVIRONMENTAL MANAGEMENT ACT (107/1998): SUSPENSION AND POSTPONEMENT OF COMPLIANCE WITH THE MINIMUM EMISSION STANDARDS AND THE APPLICATIONS FOR THE ISSUANCE OF PROVISIONAL ATMOSPHERIC EMISSION LICENCES

Notice Title: National Environmental Management Act, 107 of 1998 (“NEMA”): Suspension and postponement of compliance with the minimum emission standards and the applications for the issuance of Provisional Atmospheric Emission Licences

Government Notice: GN 2076 in GG 46355 on 12 May 2022

Commencing date: Comments to be submitted by 26 May 2022

The Minister of Forestry, Fisheries and the Environment (“the Minister”) intents to establish a National Environmental Consultative and Advisory Forum (“the Forum”) under section 3A of the NEMA. The Forum will advise on matters arising from applications for the suspension or postponement of compliance with the minimum emission standards (MES), which were published in terms of section 21 of the National Environmental Management: Air Quality Act 39 of 2004 (“NEMAQA”), and applications for the issuance of Provisional Atmospheric Emission Licences (“PAELs”).

The purpose of the Forum will be to conduct an extensive consultative process with key interested and affected parties to assess and present all significant relevant research and analysis in a public forum for review and interrogation, and to report to the Minister on the outcome. The report will provide the Minister with practical options to resolve the issues arising in respect of non-compliance with the MES and applications for issuance of PAELs, taking into consideration Minister’s constitutional and legislative mandate and the country’s international commitments, health and wellbeing of people, the energy crisis and the local economic climate.

The Forum shall consist of a maximum of six experts appointed by the Minister, with qualifications in and an extensive knowledge with respect to air quality, human health, economics, engineering, energy and environmental management.

The following fields of speciality and qualifications are required for members to serve on the committee:

  • Health Practitioner
  • Economist
  • Environmental Specialist / Scientist
  • Chemical / Metallurgical / Mechanical Engineer

Members of the public are invited to submit written nominations for suitable persons to be appointed as members of the Forum on or before 26 May 2022. For a copy of the Government Gazette Notice click here.

For assistance or queries please contact Jan Nel at jan@shangoni.co.za.

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