LEGAL UPDATE
NOVEMBER 2013
HEALTH, SAFETY AND ENVIRONMENTAL
LAWS
INDEX
INDEX .......................................................................................................................................................................................... 2
NATIONAL HEALTH ACT- COMMENCEMENT ......................................................................................................................... 3
NEM:AQA: DUST CONTROL REGULATIONS .......................................................................................................................... 5
TRADE METROLOGY: AMENDMENT OF REGULATIONS .................................................................................................... 11
NEM: PROTECTED AREAS ..................................................................................................................................................... 13
PROPOSED LEVY ON THE PIPED-GAS AND PETROLEUM PIPELINE INDUSTRIES FOR 2014/15 .................................. 17
MINING : PROPOSED TECHNICAL REGULATIONS FOR PETROLEUM EXPLORATION AND EXPLOITATION ............. 19
NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT, 2004 REGULATIONS PRESCRIBING THE
FORMAT OF THE ATMOSPHERIC IMPACT REPORT ........................................................................................................... 25
2
NATIONAL HEALTH ACT- COMMENCEMENT
KEY WORDS
PROCLAMATION No. 37, 2013
COMMENCEMENT OF THE NATIONAL HEALTH AMENDMENT ACT, 2013 (ACT NO. 12 OF 2013)
IN A NUTSHELL
Take note that in terms of section 9 of the National Health Amendment Act, 2013 (Act No. 12 of 2013)("the Act") all the sections of the
Act save for sections 2 and 3 of the Act, shall come into operation on 02 September 2013.
Given under my Hand and the Seal of the Republic of South Africa at Cape Town on this 21 day of August, Two Thousand and
Thirteen.
REFERENCE
PROCLAMATION No. 37, 2013
COMMENCEMENT OF THE NATIONAL HEALTH AMENDMENT ACT, 2013 (ACT NO. 12 OF 2013)
APPLIES TO IMPACT & ACTION
RE
Applies to:
Public hospitals and clinics.
Impact:
The National Health Amendment Act significantly alters the National Health Act.
The amendment act introduces:

the Office of Health Standards Compliance (OHSC), which is empowered to monitor and enforce health standards in all
health establishments throughout the country, including both private and public hospitals and clinics.

an inspectorate who will ensure compliance by health establishments with stated and prescribed norms and standards which
are yet to be published for public consumption;
3


the appointment of an ombudsman to deal with patient-consumer complaints in respect of a lack of delivery of care where a
health establishment fails to adhere to a particular norm or standard.
a complaints process extensively awarding rights to patients and consumers who are dissatisfied with the services that they have
received in hospital.
LINKS
NATIONAL HEALTH ACT, 61 OF 2003
4
NEM:AQA: DUST CONTROL REGULATIONS
KEY WORDS
NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT, 2004
(ACT NO. 39 OF 2004)
NATIONAL DUST CONTROL REGULATIONS
IN A NUTSHELL
Take note of the National Dust Control Regulations, made in terms of section 53(o), read with section 32 of the National Environmental
Management: Air Quality Act, 2004 (Act No. 39 of 2004.
Below is a run down of these regulations:
1. DEFINITIONS
"ASTM D1739" means the American Standard for Testing and Materials method D1739, which is the standard test method for the collection and
measurement of dust fall;
"dust (or settleable particulate matter)" means any material composed of particles small enough to pass through a 1 mm screen and large
enough to settle by virtue of their weight into the sampling container from the ambient air.
"dustfall" means the deposition of dust;
"dustfall monitoring programme" means monitoring of the dustfall on a continuous basis;
"Non- residential area" means any area not classified for residential use as per local town planning scheme;
"premises" means any land and structures thereon including stockpiles of materials, roadways and other means of conveyance, from which dust
may be generated through anthropogenic or natural activities or processes;
"residential area" means any area classified for residential use in terms of the local town planning scheme; and
"the Act" means National Environmental Management: Air Quality Act, 2004 (Act No.39 of 2004).
2. PURPOSE OF THE REGULATIONS
The purpose of the regulations is to prescribe general measures for the control of dust in all areas.
5
3. DUST FALL STANDARD
A standard for the acceptable dust fall rate is set out in Table 1 for residential and non- residential areas.
Table 1: Acceptable dust fall rates
Restriction Areas
Dust fall rate (D) (mg/m2/day, 30- days Permitted frequency of exceeding
average)
dust fall rate
Residential area
D<600
Non-residential area
600<D<1200
Two within a year, not sequential
months.
Two within a year, not sequential
months.
The method to be used for measuring dust fall rate and the guideline for locating sampling points shall be ASTM D1739:1970, or equivalent method
approved by any internationally recognized body.
4. DUSTFALL MONITORING PROGRAMME
The air quality officer may require any person, through a written notice, to undertake a dust fall monitoring programme if:


the air quality officer reasonably suspects that the person is contravening regulation 3; or
the activity being conducted by the person requires a fugitive dust emission management plan as per the notice published in terms of
section 21 of the Act.
Any person who conducts any activity in such a way as to give rise to dust in quantities and concentrations that may exceed the dust fall standard
set out in regulation 3 must, upon receipt of a notice from the air quality officer, implement dust fall monitoring programme.
A person required to implement the dust fall monitoring programme must, within a specified period, submit a dust fall monitoring report to the air
quality officer.
If a person who is required to implement the dust fall monitoring programme has an existing one, the reports of that programme shall be accepted by
the air quality officer if it meets the requirements of regulation 5.
A dust fall monitoring programme must include:
(a) the establishment of a network of dust monitoring points using method ASTM D1739: 1970 (or equivalent), sufficient in number to establish the
contribution of the person to dustfall in residential and non-residential areas in the vicinity of the premises, to monitor identified or likely sensitive
receptor locations, and to establish the baseline dustfall for the district; and
(b) a schedule for submitting to the air quality officer, dustfall monitoring reports annually or at more frequent intervals if so requested by the air
quality officer.
5. DUSTFALL MONITORING REPORT
A dustfall monitoring report must provide:
(a) information on the location of sampling sites, including latitudinal and longitudinal coordinates, and a position indicator on a topographic map;
(b) classification of the area where samplers are located, in terms of residential and non- residential, and identification of sensitive receptors;
(c) reference to the standard methods used for site selection, sampling and analysis, and any methods/laboratory accreditation, if applicable;
(d) the dustfall monitoring results including a comparison of current year and historical results (if any) for each site, and including a tabular summary
of compliance with the dustfall standard set out in regulation 3;
(e) meteorological data (wind speed and direction, rainfall) for the sampling area; and
(f) any other relevant data that might influence the results.
6
6. MEASURES FOR THE CONTROL OF DUST
Any person who has exceeded the dustfall standard set out in regulation 3 must, within three months after submission of the dustfall monitoring
report, develop and submit a dust management plan to the air quality officer for approval.
A dust management plan, must:
(a) identify all possible sources of dust within the affected site;
(b) detail the best practicable measures to be undertaken to mitigate dust emissions;
(c) detail an implementation schedule;
(d) identify the line management responsible for implementation;
(e) incorporate the dust fallout monitoring plan; and
(f) establish a register for recording all complaints received by the person regarding dustfall, and for recording follow up actions and responses to the
complainants.
A dust management plan must be implemented within a month of the date of approval.
An implementation progress report must be submitted to the air quality officer at agreed time intervals.
7. AMBIENT AIR QUALITY MONITORING FOR PM10
An air quality officer may require any person to undertake continuous ambient air quality monitoring for PM10 in accordance with a notice published
in terms of section 9 of the Act, if the dust fall monitoring report indicates non-compliance with regulation 3.
8. OFFENCES
A person is guilty of an offence if that person contravenes or fails to comply with a provision of regulation 4 (2) and (3), 6(1); (3) and (4) or 7.
9. PENALTIES
A person convicted of an offence is liable to


in the case of a first conviction to a fine not exceeding R5 million or to imprisonment for a period not exceeding five years; and
in the case of a second or subsequent conviction to a fine not exceeding R10 million or imprisonment for a period not exceeding 10 years
and in respect of both instances to both such fine and such imprisonment.
SHORT TITLE AND COMMENCEMENT
These regulations are called the National Dust Control Regulations, 2013.
REFERENCE
No. R. 827
1 November 2013
NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT, 2004
(ACT NO. 39 OF 2004)
NATIONAL DUST CONTROL REGULATIONS
7
APPLIES TO IMPACT & ACTION
RE
Applies to:
All areas in South Africa– residential and non residentil
Impact:
The purpose of the regulations is to prescribe general measures for the control of dust in all areas.
Acceptable Dustfall standard- A standard for the acceptable dustfall rate is for residential and non- residential areas as follow:.
Restriction Areas
Dustfall rate (D) (mg/m2/day, 30- days Permitted frequency of exceeding
average)
dust fall rate
Residential area
D<600
Non-residential area
600<D<1200
Two within a year, not sequential
months.
Two within a year, not sequential
months.
The method to be used for measuring dustfall rate and the guideline for locating sampling points shall be ASTM D1739:1970, or equivalent method
approved by any internationally recognized body.
Dustfall monitoring programme- The air quality officer may require any person, through a written notice, to undertake a dustfall monitoring
programme as if:


the air quality officer reasonably suspects that the person is contravening regulation 3; or
the activity being conducted by the person requires a fugitive dust emission management plan as per the notice published in terms of
section 21 of the Act.
Any person who conducts any activity in such a way as to give rise to dust in quantities and concentrations that may exceed the dustfall standard set
out in regulation 3 must, upon receipt of a notice from the air quality officer, implement dustfall monitoring programme.
A person required to implement the dustfall monitoring programme must, within a specified period, submit a dustfall monitoring report to the air
quality officer.
If a person who is required to implement the dustfall monitoring programme has an existing one, the reports of that programme shall be accepted by
the air quality officer if it meets the requirements of regulation 5.
A dustfall monitoring programme must include:


the establishment of a network of dust monitoring points using method ASTM D1739: 1970 (or equivalent), sufficient in number to
establish the contribution of the person to dustfall in residential and non-residential areas in the vicinity of the premises, to monitor
identified or likely sensitive receptor locations, and to establish the baseline dustfall for the district; and
a schedule for submitting to the air quality officer, dustfall monitoring reports annually or at more frequent intervals if so requested by the
air quality officer.
8
Dustfall monitoring report
A dustfall monitoring report must provide:
LOCATION OF SAMPLING SITES
-information on the location of sampling sites, including latitudinal and longitudinal coordinates, and a position indicator on a topographic map;
AREAS
- classification of the area where samplers are located, in terms of residential and non- residential, and identification of sensitive receptors;
METHODOLOGY
- reference to the standard methods used for site selection, sampling and analysis, and any methods/laboratory accreditation, if applicable;
RESULTS
-the dustfall monitoring results including a comparison of current year and historical results (if any) for each site, and including a tabular summary of
compliance with the dustfall standard set out in regulation 3;
METEOROLOGICAL DATA
-meteorological data (wind speed and direction, rainfall) for the sampling area; and
OTHER
-any other relevant data that might influence the results.
Measures for the control of dust- Any person who has exceeded the dustfall standard set out in regulation 3 must, within three months after
submission of the dustfall monitoring report, develop and submit a dust management plan to the air quality officer for approval.
The dust management plan must:
SOURCES OF DUST IN AREA
-identify all possible sources of dust within the affected site;
MITIGATION LEVELS
-detail the best practicable measures to be undertaken to mitigate dust emissions;
IMPLEMENTATION SCHEDULE
- detail an implementation schedule;
LINE MANAGEMENT RESPONSIBLE FOR IMPLEMENTAIOTN
-identify the line management responsible for implementation;
DUST FALL OUT MONITORING PLAN
-incorporate the dust fallout monitoring plan; and
COMPLAINTS REGISTER
-establish a register for recording all complaints received by the person regarding dustfall, and for recording follow up actions and responses to the
complainants.
A dust management plan must be implemented within a month of the date of approval.
An implementation progress report must be submitted to the air quality officer at agreed time intervals.
9
Ambient air quality monitoring for PM10 - an air quality officer may require any person to undertake continuous ambient air quality monitoring for
PM10 if the dustfall monitoring report indicates non-compliance with the minimum dust levels under Regulation 3.
Any non-compliance with these regulations will result in:
on a first offence- a fine not exceeding R5 million or to imprisonment for a period not exceeding five years; and
in the case of a second or subsequent conviction to a fine not exceeding R10 million or imprisonment for a period not exceeding 10
years and in respect of both instances to both such fine and such imprisonment.
Action:
Measure dust levels and ensure that they fall within permitted levels. If they exceed these levels implment a dust fall out monitoring and remedial
plan as prescribed.
LINKS
DUST CONTROL REGULATIONS
No. R. 827 1 November 2013
10
TRADE METROLOGY: AMENDMENT OF REGULATIONS
KEY WORDS
TRADE METROLOGY ACT, 1973 (ACT NO. 77 OF 1973)
AMENDMENT OF THE REGULATIONS OF THE TRADE METROLOGY ACT NO 77 OF 1973 PUBLISHED BY GOVERNMENT NOTICE NO. R
2362 OF 18 NOVEMBER 1977
IN A NUTSHELL
Take note of the following amendments, which will come into effect on the date two (2) months after the publication of this notice i.e. 1 November
2013.
THE ADDITION OF A NEW PROVISION UNDER REGULATION 46 PERTAINING TO AUTOMATIC RAIL-WEIGHBRIDGES
1. Insert the following regulation 46 in Part II of the Trade Metrology Regulations: Automatic rail-weighbridges
Definitions
46 (1) For the purposes of this regulation the definitions under the heading "Definitions" in SANS 689 and the following definitions apply:
(a) "automatic rail-weighbridge" means an automatic weighing instrument having load receptors, inclusive of rails for conveying railway wagons,
that determines the mass of wagons or trains or both wagons and trains, by weighing them in motion.
(b) "SANS 689" means the South African National Standard entitled "Automatic rail-weighbridges", as amended from time to time.
Applicable requirements
(2) All automatic rail-weighbridges shall conform to the requirements of SANS 689 and any similar requirement in this part of the regulations shall
not apply.
Verification
(3) Automatic rail-weighbridges shall be verified according to the requirements of annex AA of SANS 689.
Responsibilities of users of automatic rail-weighbridges
(4) In addition to any requirement of the Act or any other applicable regulation in terms of the Act and unless the user is exempted by any provision
in the Act or any other applicable regulation in terms of the Act, the requirements of annex BB of SANS 689 shall be complied with by persons using
automatic rail-weighbridges for a prescribed purpose.
AMENDMENT OF REGULATION 60
2. Regulation 60 is amended by:
a) adding the following wording at the end of subregulation (2):
"unless otherwise provided in a certificate issued in terms of Section 18 of the Act".
b) deleting subregulations (3) (c) and (d).
3. Regulation 61 is deleted in its entirety.
11
REFERENCE
No. R. 828
1 November 2013
TRADE METROLOGY ACT, 1973 (ACT NO. 77 OF 1973)
NOTICE OF AMENDMENT OF THE REGULATIONS OF THE TRADE METROLOGY ACT NO 77 OF 1973 PUBLISHED BY GOVERNMENT
NOTICE NO. R 2362 OF 18 NOVEMBER 1977, AS AMENDED.
APPLIES TO IMPACT & ACTION
RE
Applies to:
Automatic rail-weighbridges
Being - "automatic rail-weighbridge" means an automatic weighing instrument having load receptors, inclusive of rails for conveying railway
wagons, that determines the mass of wagons or trains or both wagons and trains, by weighing them in motion.
Impact and Action:
All automatic rail-weighbridges shall conform to the requirements of SANS 689.
"SANS 689" means the South African National Standard entitled "Automatic rail-weighbridges", as amended from time to time.
Automatic rail-weighbridges shall be verified according to the requirements of annex AA of SANS 689.
In addition to any requirement of the Act or any other applicable regulation in terms of the Act and unless the user is exempted by any provision in
the Act or any other applicable regulation in terms of the Act, the requirements of annex BB of SANS 689 shall be complied with by persons using
automatic rail-weighbridges for a prescribed purpose.
LINKS
TRADE METROLOGY ACT 77 OF 1973.
ACT
12
NEM: PROTECTED AREAS
KEY WORDS
NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS ACT, 2003
(ACT NO. 57 OF 2003)
PROPER ADMINISTRATION OF SPECIAL NATURE RESERVES, NATIONAL PARKS AND WORLD HERITAGE SITES AMENDMENT
REGULATIONS, 2013
IN A NUTSHELL
PROPER ADMINISTRATION OF SPECIAL NATURE RESERVES, NATIONAL PARKS AND WORLD HERITAGE SITES AMENDMENT
REGULATIONS, 2013
Take note of the intention to amend the Regulations for the Proper Administration of Special Nature Reserves, National Parks and World Heritage
Sites as promulgated in Government Notice No. R. 1061 in Government Gazette No. 28181 of 28 October 2005, under section 86(1) read with
section 86(3) of the National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003)
In these regulations "the Regulations" means the Proper Administration of Special Nature Reserves, National Parks and World Heritage Sites
Regulations, 2005 published under Government Notice No. R. 1061 of 28 October 2005.
AMENDMENT OF REGULATION 2 OF THE REGULATIONS
Regulation 2 of the Regulations is hereby amended by substitution for subregulation 1 of the following subregulation:
"(1) These Regulations are, unless specified otherwise, applicable to all special nature reserves, national parks and world heritage sites excluding
the Vredefort World Heritage Site”.
AMENDMENT OF REGULATION 45 OF THE REGULATIONS
Regulation 45 of the Regulations is hereby amended by the substitution in subregulation (2)(a) for subparagraphs (i), (ii), (iii), (iv), (v), (vi), (vii) and
(ix) of the following subparagraphs:
"(i) hunting, catching, capturing or killing any living specimen of a [listed threatened or] protected species by any means, method or device
whatsoever, including searching, pursuing, driving, lying in wait, luring, alluring, discharging a missile or injuring with intent to hunt, catch, capture or
kill any such specimen;
(ii) gathering, collecting or plucking any specimen of a [listed threatened or] protected species;
(iii) picking parts of, or cutting, chopping off, uprooting, damaging or destroying, any specimen of a [listed threatened or] protected species;
(iv) possessing or exercising physical control over any specimen of a [listed threatened or] protected species;
(v) growing, breeding or in any other way propagating any specimen of a [listed threatened or] protected species, or causing it to multiply;
(vi) conveying, moving or otherwise translocating any specimen of a [listed threatened or] protected species;
(vii) selling or otherwise trading in, buying, receiving, giving, donating or accepting as a gift, or in any way acquiring or disposing of any specimen of
a [listed threatened or] protected species; or
13
(ix) any other prescribed activity which involves a specimen of a [listed threatened or] protected species;".
AMENDMENT OF REGULATION 64 OF THE REGULATIONS
Regulation 64 of the Regulations is hereby amended by the substitution for subregulation (1) of the following subregulation:
"(1) Any person who contravenes or fails to comply with—
(a) a provision of these Regulations;
(b) a condition mentioned in a licence, permit or agreement issued or entered into in terms of these Regulations; or
(c) a prohibition, instruction, rule or order imposed, given or issued under these Regulations;
is guilty of an offence and liable
in the case of a first conviction to a fine not exceeding R5 million or to imprisonment for a period not exceeding 5 years and
in the case of a second or subsequent conviction to a fine not exceeding R10 million or imprisonment for a period not exceeding 10 years or in both
instances to both a fine and such imprisonment.".
REFERENCE
NOTICE 1025 OF 2013 (Government Gazette 36969)
DEPARTMENT OF ENVIRONMENTAL AFFAIRS
NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS ACT, 2003
(ACT NO. 57 OF 2003)
PROPER ADMINISTRATION OF SPECIAL NATURE RESERVES, NATIONAL PARKS AND WORLD HERITAGE SITES AMENDMENT
REGULATIONS, 2013
APPLIES TO IMPACT & ACTION
RE
Applies to:
Published for general interest
Action:
Members of the public are invited to submit to the Minister, within 30 days after the publication of the draft regulations in the Gazette, written
comments or inputs to the following addresses:
By post to:
Director-General: Department of Environmental Affairs
Attention: Dr Geoff Cowan
Private Bag X447
PRETORIA
0001
By hand at: 2nd Floor (Reception), Fedsure Forum Building, 315 Corner Pretorius and Lillian Ngoyi streets, Pretoria.
By fax to: (012) 320 1243; or by e-mail to: gcowan@environment.gov.za
Any enquiries in connection with the draft regulations can be directed to Dr Geoff Cowan at (012) 310 3701.
Comments received after the closing date may not be considered.
14
CONSUMER PROTECTION ACT, 2008:MEAT TRADE DESCRIPTIONS
KEY WORDS
CONSUMER PROTECTION ACT, 2008
CATEGORIES OF GOODS THAT ARE REQUIRED TO HAVE A TRADE DESCRIPTION APPLIED TO THEM IN TERMS OF THE CONSUMER
PROTECTION ACT, 2008 (ACT NO. 68 OF 2008)
02/10/2013
IN A NUTSHELL
Take note that the following meat products must bear a trade description.
CATEGORIES OF GOODS THAT
ARE REQUIRED TO HAVE A
TRADE DESCRIPTION APPLIED
TO THEM
Processed and Packaged Meat
Products
Dried and Packaged Meat Products
INFORMATION REQUIRED TO BE INCLUDED IN THE TRADE
DESCRIPTION
1. The number, quantity, measure, weight or gauge of the goods.
2. The name of the producer of the goods.
3. The ingredients of which the goods consist, or material of which
the goods are made, including a plain language description of the
animal from which any particles, portions or constituents of meat
were derived, e.g. Water Buffalo, Horse and Donkey etc.
4. The mode of manufacturing or producing the goods.
1. The number, quantity, measure, weight or gauge of the goods.
2. The name of the producer of the goods.
3. The ingredients of which the goods consist, or material of which
the goods are made, including a plain language description of the
animal from which any particles, portions or constituents of meat
were derived, e.g. Water Buffalo, Horse and Donkey etc.
4. The mode of manufacturing or producing the goods.
Please note that in terms of section 24(4)(a) of the Act the Minister may from time to time prescribe further categories that are required to have a
trade description applied to them.
REFERENCE
No. 825
25 October 2013 (Government Gazette 36968)
CONSUMER PROTECTION ACT, 2008
CATEGORIES OF GOODS THAT ARE REQUIRED TO HAVE A TRADE DESCRIPTION APPLIED TO THEM IN TERMS OF THE CONSUMER
PROTECTION ACT, 2008 (ACT NO. 68 OF 2008)
15
APPLIES TO IMPACT & ACTION
RE
Applies to:
All suppliers of Meat products and to consumers.
Impact and action:
All consumers of meat products are entitled to know what type of meat they are consuming. All suppliers of meat products must ensure that all their
meat products are correctly labelled and bear a proper trade description which houses at least the folowing details:




The number, quantity, measure, weight or gauge of the goods.
The name of the producer of the goods.
The ingredients of which the goods consist, or material of which the goods are made, including a plain language description of the animal
from which any particles, portions or constituents of meat were derived, e.g. Water Buffalo, Horse and Donkey etc.
The mode of manufacturing or producing the goods.
LINKS
MEAT LABELLING
No. 825 25 October 2013 (Government Gazette 36968)
16
PROPOSED LEVY ON THE PIPED-GAS AND PETROLEUM PIPELINE INDUSTRIES FOR 2014/15
KEY WORDS
THE GAS REGULATOR LEVIES ACT, 2002 (NO. 75 OF 2002)
THE PETROLEUM LEVIES ACT, 2004 (NO. 28 OF 2004)
Proposed Levy on the Piped-Gas and Petroleum Pipeline Industries for 2014/15
IN A NUTSHELL
Proposed Levy on the Piped-Gas and Petroleum Pipeline Industries for 2014/15
The National Energy Regulator of South Africa (NERSA or 'the Energy Regulator’), acting under section 2(3)(a) of both the Gas Regulator Levies
Act, 2002 (Act No. 75 of 2002) and the Petroleum Pipeline Levies Act, 2004 (Act No. 28 of 2004), hereby publishes the proposed levies on the
piped-gas and petroleum pipeline industries for the 2014/15 financial year to bring it to the attention of the stakeholders in the piped-gas and
petroleum pipeline industries and invite representations to be made to the Energy Regulator within thirty days of the date of this publication.
NERSA's strategic overview of the Strategic Plan and Annual Performance Plan (2014/15 - 2017/18) with Budget (2014/15) is available on the
NERSA website: www.nersa.org.za.
The total NERSA Expenditure Budget amounts to R 324 076 178 for 2014/15 (2013/14: R 275 907 345) with the specific budgets for the three
industries being as follows:
Electricity Industry:
Piped-gas Industry:
Petroleum Pipelines Industry:
R181 729 876 (2013/14: R159 225 099)
R 73 497 604 (2013/14: R 56 942 531)
R 68 848 698 (2013/14: R 59 739 715)
The expenditure budget represents an increase of 7.72% over the expenditure budget for the National Energy Regulator for the financial year
2013/14.
In the 2014/15 budget, the levy payable by the licensed generators for the electricity regulation industry will be effectively reduced by a refund of
surplus funds to the value of R6 344 195m and interest of R2 194 059m. The piped gas and petroleum pipeline industry levies will be reduced by a
refund of surplus funds of R8 346 234 and R1 924 312 respectively and half of R1 588 802 interest receivable.
Taking this into account, the total amount that NERSA will have to recover through levy income is R303 678 577 for 2014/15 (2013/14: R236 785
743) for the three industries being as follows:
Electricity Industry:
Piped-gas Industry:
Petroleum Pipelines Industry:
R173 191 622 (2012/13: R137 043 936)
R 64 356 969 (2012/13: R 48 808 067)
R 66 129 698 (2012/13: R 50 933 740)
17
Proposed Piped-Gas Levy 2014/15
The proposed levy to be imposed on the piped-gas industry is 37.930 c/Gj (2013/14: 30.1657 c/Gj) in respect of the amount of gas, measured in
Gigajules, delivered by importers and producers to the inlet flanges of transmission and distribution pipelines and will be paid by the person holding
the title to the gas at the inlet flange. The levy shall be payable to the National Energy Regulator, as from 01 April 2014 to 31 March 2015, by
persons concerned.
The proposed levy was determined based on an estimated volume of 169.6 million Gj per annum and the 2014/15 Annual Performance Plan and
Budget requirement, for the regulation of the piped-gas industry, of R64 356 969 against the expenditure of R73 497 604 as documented above.
Proposed Petroleum Pipeline Levy 2014/15
The proposed levy to be imposed on the petroleum pipeline industry is 0.40437 c/litre (2013/14: 0.2878 c/litre) in respect of the amount of
petroleum, measured in litres, delivered by importers, refiners and producers to the inlet flanges of petroleum pipelines and will be paid by the
person holding the title to the petroleum immediately after it has entered the inlet flange. The levy shall be payable to the National Energy Regulator,
as from 01 April 2014 to 31 March 2015, by persons concerned.
The proposed levy was determined based on an estimated volume of 16.3 billion litres per annum and the 2014/15 Annual Performance Plan and
Budget requirement, for the regulation of the petroleum pipelines industry, of R66 129 986 against the expenditure of R68 848 698 as documented
above.
REFERENCE
NOTICE 1048 OF 2013 (Government Gazette 36959)
NATIONAL ENERGY REGULATOR OF SOUTH AFRICA
NOTICE IN TERMS OF SECTION 2(3)(A) OF BOTH THE GAS REGULATOR LEVIES ACT, 2002 (NO. 75 OF 2002) THE PETROLEUM LEVIES
ACT, 2004 (NO. 28 OF 2004)
APPLIES TO IMPACT & ACTION
Applies to:
Electricity Industry:
Piped-gas Industry:
Petroleum Pipelines Industry:
Action:
Representations may be made to the Energy Regulator within thirty days of the date of this publication.
Representations must be addressed to:
Mr Zak Lombaard
Acting Chief Financial Officer
The National Energy Regulator of South Africa (NERSA)
P O Box 40343
Arcadia
0007
Enquiries to be directed to: the Acting Chief Financial Officer, Mr Zak Lombaard on Tel. No. (012) 401 - 4621 or e-mail
to: zak.lombaard@nersa.org.za.
18
MINING : PROPOSED TECHNICAL REGULATIONS FOR PETROLEUM EXPLORATION AND
EXPLOITATION
KEY WORDS
MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT, 2002 (ACT No. 28 OF 2002)
PROPOSED TECHNICAL REGULATIONS FOR PETROLEUM EXPLORATION AND EXPLOITATION
IN A NUTSHELL
DRAFT Technical Regulations for Petroleum Exploration and Exploitation under section 107(1) of the Mineral and Petroleum Resources
Development Act, 2002 (Act No. 28 of 2002), HAVE BEEN PUBLISHED FOR COMMENT.
OVERVIEW OF THE PROVISIONS
Purpose
To augment the Mineral and Petroleum Resources Development Regulations so as to prescribe standards and practices that will ensure safe
exploration and exploitation of petroleum.
Application of Regulations
These Regulations apply to all onshore, and, to the extent applicable, offshore exploration and production operations and must be read with the Act,
the Regulations thereto and any other relevant legislation.
Environmental Impact Assessment
Wherever exploration or production activities are being planned that could have an impact on natural resources, or sensitive areas, appropriate
studies must be undertaken to assess the potential impacts of such activities on the environment over the full life cycle of the operations.
Assessment of Conditions Below Ground
A holder must assess the geology and geohydrology of the affected area prior to well design using available data and submit a geological overview
report at the designated agency.
Water Resource Assessment
A holder must appoint an independent specialist(s) to conduct a hydrocensus as well as identify priority water source areas and domestic aquifer
supplies indicated on relevant geohydrological maps for consideration in the impact assessment.
Assessment of Related Seismicity
A holder must, prior to conducting hydraulic fracturing, assess the risk of any potential hydraulic fracturing related seismicity and submit a risk
assessment report and mitigation measures to the designated agency for approval and recommendation by the Council for Geoscience.
Site Preparation
All topsoil stripped to facilitate the construction of the well pad and access roads must be stockpiled, stabilized and remain on site for use in either
partial or final rehabilitation.
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Site Containment
A holder must at all times, prevent the contamination of the environment by providing a suitably designed impermeable site underlay system and site
drainage arrangements.
Radio Astronomy
A holder must comply with all declarations and regulations, promulgated in terms of the Astronomy Geographic Advantage Act, 2007 (Act. No. 21 of
2007) for the protection of astronomy advantage areas declared for radio astronomy purposes.
Optical Astronomy
A holder must comply with all declarations and regulations promulgated in terms of the Astronomy Geographic Advantage Act, 2007 (Act. No. 21 of
2007) for the protection of astronomy advantage areas declared for optical astronomy purposes.
Well Design
A holder must ensure that a well is designed such that it is constructed, equipped, commissioned, operated, modified, maintained, suspended and
abandoned in a manner that will provide for control of the well at all times and prevent migration of petroleum and other fluids into any other
formation except the targeted formation; pollution of useable groundwater (water containing 10 000 mg/l Total Dissolved Solids); and
risks to health and safety of persons from it or anything in it, or in strata to which it is connected.
Casing Standards
All wells must be cased according to current industry standards published by the API in "5CT Specification for Casing and Tubing" and the casing
thread compound and its use must conform to the current API RP 5A3.
Conductor Casing
When conductor casing is used, it must be set and cemented to surface to - stabilize unconsolidated sediments;isolate shallow aquifers that provide
or are capable of providing groundwater for water wells and springs in the vicinity of the well; and provide a base for equipment to divert shallow
natural gas.
Surface Casing
Surface casing must be set to a depth of 60m below the base of the deepest fresh water or to the top of any petroleum bearing zones, whichever
comes first and cemented to surface.
Intermediate Casing
Intermediate casing must be set to protect unexpected fresh water found below the surface casing shoe.
Production Casing
In cases where intermediate casing is not installed, production casing must be run and fully cemented to the surface.
Centralisers
Casing must be centralized in each segment of the wellbore to provide sufficient casing standoff and foster effective circulation of cement to isolate
critical zones including aquifers, flow-zones, voids, lost circulation zones and hydrocarbon production zones.
Cement Requirements and Compressive Tests
A holder must notify the designated agency at least 2 days before commencing with casing cementing operations to enable an authorized person to
be present during cementation of all casing.
Casing String Tests
After the setting and cementing of a casing string, except the conductor casing, and prior to further drilling, the casing string must be tested with
fresh water, mud, or brine to at least the maximum anticipated treatment pressure but no less than 0.22 psi per foot (1.512 kPa per 0.3048 meter) of
casing string length or 1,500 psi (10 342.12 kPa), whichever is greater, for at least 30 minutes with less than a 5% pressure loss.
Formation Pressure Integrity Test
A holder must, after a successful casing string test contemplated in regulation 19, conduct a formation pressure integrity test below the surface
casing and below all intermediate casing.
20
Blowout Prevention
A holder must install blowout prevention equipment that meets the current API Std 53 for blowout equipment after setting casing to shutoff a
wellhead which must be supported and secured to prevent stresses on all connections.
Pressure Testing of the Blowout Prevention Equipment
The blowout prevention equipment must be tested to 100% of rated working pressure and the annular-type blowout preventer must be tested to
1,000 psi (6894.76 kPa) at the time of installation in accordance with current API std 53 for blowout equipment.
Well Examination
A holder must include in their well examination scheme the following aspects of well design and operations, including abandonment and hydraulic
fracturing operations-groundwater and aquifer isolation;fracture containment; related seismicity risks; fracturing and flow-back/testing programmes
and operations; and Independent well examination.
Management of Operations
A holder must appoint competent persons to be responsible for day to day management of the operations in accordance with relevant legislation.
Drilling Fluids
A holder must ensure that drilling operations through shallow soils and local aquifers are always undertaken using water or water-based mud
systems the details of which must be declared to the designated agency prior to commencement of drilling operations.
Management of Hydraulic Fracturing General
A holder must not commence with hydraulic fracturing operations before obtaining all the necessary authorizations and permits for any activities
associated with hydraulic fracturing which include but are not limited to a water use licence in terms of the National Water Act 1998 (Act No 36 of
1998) and must submit the PLANS to the designated agency and the Department of Water AffairsHydraulic Fracturing Equipment
Equipment used in hydraulic fracturing operations must be fit for purpose and must meet relevant API standards as prescribed in these Regulations.
Mechanical Integrity Tests and Monitoring
Before the commencement of hydraulic fracturing operations, all mechanical integrity tests required under these Regulations must be successfully
completed.
Hydraulic Fracturing Fluid Disclosure
A holder must, as part of the impact assessment, submit the following information to the designated agency-fluids and their status as
hazardous/non-hazardous substances; material safety data sheet information; volumes of fracturing fluid, including proppant, base carrier fluid and
each chemical additive; the trade name of each additive and its general purpose in the fracturing process; each chemical intentionally added to the
base fluid, including for each chemical, the Chemical Abstracts Service number, if applicable; and the actual concentration, in percent by mass;
possible risk of the above on the environment and water resources; and remediation required if a pollution incident were to occur.
Fracture and Fracturing Fluid Containment
A holder must conduct a risk assessment that describes the control and mitigation measures for fracture containment and submit the risk
assessment report to the designated agency.
Fracturing Fluids Management
A holder must minimize environmental, safety and health risks associated with fracturing fluids and additives, assess potential risks and develop a
risk management plan for each well to be fractured addressing the following aspects-identification of chemical ingredients and characteristics of
each additive; identification of volume and concentration of the substances in the fracturing fluid; assessment of potential environmental and health
risks of fracturing fluids and additives; and definition of operational practices and controls for the identified risk.
Management of Flowback and Produced Fluids
A holder must disclose to the designated agency CERTAIN information regarding management and handling of flowback or produced fluids
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Transportation of Fluids
A holder must ensure-planning to minimize fluid transport movements and distances; implementation of management procedures to address the
risks associated with fluid transport; natural gas is removed from fluids prior to fluids being transported and a system for checking and recording is
implemented; fluids are transported to and from the hydraulic fracturing treatment site in accordance with relevant legislation and national standards
in a manner designed to prevent spillage; and general workforce, including drivers, receive appropriate training and are equipped to respond to
emergencies and to implement clean up measures.
Fluids Storage
Areas where any additives, chemicals, oils, fuels are to be stored must have sufficient containment capacity to hold the volume of the largest
container stored on site +110% to allow for precipitation, unless the container is equipped with individual secondary containment.
Hydraulic Fracturing Operations
A holder may only proceed with hydraulic fracturing operations after the designated agency has approved the plans and well engineering design
contemplated in regulation 26 and all other requirements prescribed by these Regulations have been fully satisfied.
Post Hydraulic Fracturing Report
A holder must compile and submit to the designated agency for review and recommendations a detailed post hydraulic fracturing operation report
Water Balances
A holder in control of any operations must compile a water balance
Protection of Water Resources
A holder must take into cognizance the following, prior to and during all phases of hydraulic fracturing operationsthe operation must not pollute a water resource or reduce such a resource and where such an incident occurs, a holder must implement the
necessary remedial measures; the operation must not cause adverse impact to water quality in the water catchment area; and designated and
existing uses of water resources are protected and maintained.
Storm Water Management and Control
A holder must implement measures to manage and control storm water runoff in order to prevent transportation of contaminants to water resources.
Water Use
A holder must prepare an integrated water and waste management plan for approval
Fluids Disposal
Fluids that are no longer required must always be disposed of at an approved waste disposal facility in accordance with relevant legislation and
disposal to underground is not permitted.
Waste Management
A holder must adhere to the waste management plan contemplated in regulation 26(b) and any relevant legislation when managing waste generated
from its operations.
Management of Spillage
Any spillage of hydraulic fracturing fluids or hydraulic fracturing flowback in excess of 50 litres must be reported to the designated agency within 24
hours of occurrence.
Management of Air Quality Fugitive Emissions
A holder must minimise the emissions associated with venting of hydrocarbon fluids and natural gas during hydraulic fracturing operations
Fugitive Dust
A holder must employ practices for control of fugitive dust during hydraulic fracturing operations
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Noise Control
Site selection for drilling and hydraulic fracturing operations, including identification of traffic routes, must consider the potential effect of noise
pollution on the surrounding environment including sensitive receptors.
Well Suspension
A holder may only suspend a well-after obtaining the approval of the designated agency; and for a period determined by the designated agency.
Suspended Well Integrity Management
A holder must ensure that management standards and procedures are in place for monitoring all wells that are in suspension phase following drilling
and hydraulic fracturing operations prior to development phase, including the status of the equipment and any annulus pressure.
Well Abandonment/Closure
A well that is no longer active, suspended or producing must be plugged and abandoned in accordance with an abandonment plan approved by the
designated agency.
REFERENCE
NOTICE 1032 OF 2013 (Government Gazette 36938)
DEPARTMENT OF MINERAL RESOURCES
MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT, 2002
(ACT No. 28 OF 2002)
PROPOSED TECHNICAL REGULATIONS FOR PETROLEUM EXPLORATION AND EXPLOITATION
APPLIES TO IMPACT & ACTION
RE
Applies to:
Persons involved in the exploration and exploitation of petroleum resources, particularly in relation to Hydraulic Fracturing
Impact and Action:
The purpose of the draft regulations is to augment gaps identified in the current regulatory framework governing exploration and exploitation of
petroleum resources, particularly in relation to Hydraulic Fracturing and prescribe good international petroleum industry practices and standards that
will enhance safe exploration and production of petroleum.
Members of the public and interested and affected parties are invited to submit written input and comments to the Minister within 30 days of
publication of this notice. Comments must be addressed as follows;
By post to:
By E-mail to:
Hand delivered at:
The Director General: Mineral Resources
Attention: Dr. Thibedi Ramontja
Private Bag X 59
Pretoria, Acardia, 0007
Andre.Andreas@dmr.gov.za
70 Mentjies streets,
Trevena Office Campus, building 2B.
Comments received after the closing date may not be considered.
23
LINKS
TECHNICAL REGULATIONS FOR EXPLORATION AND EXPLOITATION
2013, October
24
NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT, 2004 REGULATIONS
PRESCRIBING THE FORMAT OF THE ATMOSPHERIC IMPACT REPORT
KEY WORDS
NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT, 2004 (ACT NO. 39 OF 2004)
REGULATIONS PRESCRIBING THE FORMAT OF THE ATMOSPHERIC IMPACT REPORT
IN A NUTSHELL
Take note of the final Regulations prescribing the format of the Atmospheric Impact Report, in terms of section 53(o) read with section 30 of the
National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004)
NB: Please complete all sections. Attach required maps and sketches. Graphics must be clear, labelled and, where applicable, should
include a true north arrow and scale.
1. ENTERPRISE DETAILS
The report must contain the enterprise details section that provides accurate, complete, current information on the following:
1.1. Enterprise Details
Enterprise Name
Trading As
Type of Enterprise, e.g. Company/Close Corporation/Trust
Company/Close Corporation/Trust Registration Number (Registration Numbers if
Joint Venture)
Registered Address
Postal Address
Telephone Number (General)
Fax Number (General)
Industry Type/Nature of Trade
Land Use Zoning as per Town Planning Scheme
Land Use Rights if outside Town Planning Scheme
Responsible Person
Emission Control Officer
Telephone Number
Cell Phone Number
Fax Number
E-mail Address
After Hours Contact Details
25
1.2. Location and Extent of the Plant
Physical Address of the Plant
Description of Site (Where No Street Address)
Coordinates of Approximate Centre of Operations
Extent (km2)
Elevation Above Mean Sea Level (m)
Province
Metropolitan/District Municipality
Local Municipality
Designated Priority Area (if applicable)
North-south: East-west:
Description of surrounding land use (within 5 km radius)
Provide a description of the surrounding land use within a 5 km radius, specifically noting the names and proximity of residential and commercial
areas in relation to the site of works. This information can be obtained from topographical maps, local land use planning offices or other electronic
resources.
Attach legible map(s), satellite image(s) or aerial photograph(s) in colour, detailing location of the plant in relation to surrounding community.
1.3. Atmospheric Emission Licence and Other Authorisations
List the atmospheric emission licence number relating to the listed activity or activities undertaken at the plant, and all other authorisations, permits,
licences related to air quality management.
2. NATURE OF THE PROCESS
2.1. Listed Activity or Activities
Category of Listed
Activity
Sub-category of the Listed
Activity
Description of the Listed Activity
2.2. Process Description
Provide a detailed description of the entire production process undertaken at the plant, including reference to the overall balance sheet inputs,
outputs and emissions. Attach a process flow diagram that illustrates the inputs, outputs and points of emissions.
26
2.3. Unit Processes
Name of the Unit
Process
Unit Process Function
Batch or Continuous Process
Note: In the event of confidential or proprietary information being disclosed, this matter will be handled on a case by case basis. The regulator
reserves the right to request proof of a confidentiality or proprietary supply agreement. Failure to provide sufficiently detailed information to allow the
air quality officer to make an informed decision may result in delays in the processing or even rejection of the Atmospheric Impact Report.
3. TECHNICAL INFORMATION
3.1. Raw Materials Used
Provide accurate information on raw materials used at the plant:
Raw Material Type
Design Consumption Rate
(quantity)
Units (quantity/period)
3.2. Appliances and Abatement Equipment Control Technology
Provide information on appliances used at the plant:
Appliance Name
Appliance Type /
Description
Appliance Function / Purpose
Note: In the event of confidential or proprietary information being disclosed, this matter will be handled on a case by case basis. The regulator
reserves the right to request proof of a confidentiality or proprietary supply agreement. Failure to provide sufficiently detailed information to allow the
air quality officer to make an informed decision, may result in delays in the processing or even rejection of the Atmospheric Impact Report.
27
4. ATMOSPHERIC EMISSIONS
This paragraph must provide the following information:
4.1. Point source parameters
List the location of all point source parameters, only considering those point sources that emit the pollutant/s identified in the Section 21 regulations
for that specific listed activity:
Point
source
number
Point
source
name
Point
source
coordinates
Height
of
release
above
ground
(m)
Height
above
nearby
building
(m)
Diameter
at stack
tip / vent
exit (m)
Actual gas
exit
temperature
(°C)
Actual gas
volumetric
flow (m3/hr)
Actual
gas exit
velocity
(m/s)
Type of
emission
(continuous /
batch)
4.2. Point source maximum emission rates (normal operating conditions)
Point
source
number
Point source name (as
in paragraph 4.1.
above)
Pollutant
name
Average emission rate
Averaging
(mg/Nm3)
period
Duration of
emissions
4.3. Point source maximum emission rates (start-up, shut-down, upset and maintenance conditions)
Provide a description of start-up, shut-down, upset and maintenance operating conditions with specific reference to the emissions profile that will be
expected for the pollutant/s identified in the Section 21 regulations for that specific listed activity. Provide an estimated raw gas emission rate for
each of these operating conditions.
Provide a summary of the frequency of start-up, shut-down, upset and maintenance operating conditions experienced over the last 2 years.
4.4. Fugitive emissions (area and or line sources)
Describe and quantify fugitive emissions at the plant, including, but not limited to:
(a) emissions from stockpiles, haul roads, conveyors, crushers, material handling;
(b) evaporation losses from storage tanks, transfer stations, effluent treatment works, dams, etc.; and
(c) current and approved planned measures to manage or mitigate each source of fugitive emission.
The sub-paragraph must clearly set out source locations, dimensions and temporal variations in emissions for the pollutant/s identified in the Section
21 regulations for that specific listed activity. Technically sound methods must be used in quantifying fugitive emissions. The methods used to
quantify fugitive emissions must be documented and the margin of uncertainty indicated.
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4.5. Emergency Incidents
Provide a summary of emergency incidents in the last 2 years resulting in atmospheric emissions, including:
(a) Nature and cause of the incident;
(b) Actions undertaken immediately following the incident to minimise impact; and
(c) Actions undertaken subsequently to reduce the likelihood of reoccurrence.
5. IMPACT OF ENTERPRISE ON THE RECEIVING ENVIRONMENT
5.1. Analysis of Emissions' Impact on Human Health
In order to assess the atmospheric impact of the facility on human health a dispersion modelling exercise must be undertaken. Any dispersion
modelling study undertaken as part of an Atmospheric Impact Report must be done in accordance with the National Air Quality Modelling Guidelines
specified for regulatory purposes - developed in terms of section 53 of AQA. The impact assessment should take the emissions of the facility under
consideration as well as prevailing ambient air concentrations into account during this assessment. A compliance assessment must be undertaken
using the national ambient air quality standards, specifically in residential areas and other areas where human exposure could occur.
5.2. Analysis of Emissions' Impact on the Environment
In order to assess the atmospheric impact of the facility on the environment a dispersion modelling exercise may be undertaken at the discretion of
an Air Quality Officer. Any dispersion modelling study undertaken as part of an Atmospheric Impact Report must be done in accordance with the
national air quality modelling guidelines specified for regulatory purposes. The impact assessment should take the emissions of the facility under
consideration into account as well as prevailing ambient air concentrations during this assessment. An environmental assessment may include but is
not limited to the following aspects:
(a) Soil;
(b) Water Bodies (rivers, dams, lakes); and
(c) Commercial Agriculture Operations
6. COMPLAINTS
Provide details on any complaints the plant has received in respect of air pollution in the last 2 years. The summary of complaints must detail the
frequency, nature and source of the complaint as well as all measures taken in response to these complaints.
7. CURRENT OR PLANNED AIR QUALITY MANAGEMENT INTERVENTIONS
Provide an overview of any approved air quality management improvement interventions currently being implemented for the facility and those
scheduled for the next 5 years. Please indicate the envisaged emission reduction that will be achieved from these interventions.
8. COMPLIANCE AND ENFORCEMENT HISTORY
The AIR must set out all air quality compliance and enforcement actions undertaken against the enterprise in the last 5 years. This may include,
amongst others, directives, compliance notices, interdicts, prosecution, fines.
29
9. ADDITIONAL INFORMATION
Please submit any additional documentation in relation to this Atmospheric Impact Report which you wish to draw to the attention of the responsible
Air Quality Officer.
10. FORMAL DECLARATIONS
10.1. A declaration of accuracy of information must be submitted by all applicants in the form contained in Annexure A to these Regulations.
10.2. A declaration of independence must be submitted by all practitioners preparing Atmospheric impact Reports in the form contained in Annexure
B to these Regulations.
ANNEXURE A
DECLARATION OF ACCURACY OF INFORMATION - APPLICANT
Name of Enterprise:
Declaration of accuracy of information provided:
Atmospheric Impact Report in terms of section 30 of the Act.
I,
[duly authorised], declare that the information provided in this atmospheric impact report is, to the best of my knowledge, in all respects
factually true and correct. I am aware that the supply of false or misleading information to an air quality officer is a criminal offence in terms of
section 51(1)(g) of this Act.
Signed at
on this
day of
(Signed)
SIGNATURE
(Signed)
CAPACITY OF SIGNATORY
ANNEXURE B
DECLARATION OF INDEPENDENCE - PRACTITIONER
Name of Practitioner:
Name of Registration Body:
Professional Registration No.:
Declaration of independence and accuracy of information provided:
Atmospheric Impact Report in terms of Section 30 of the Act.
I,
, declare that I am independent of the applicant. I have the necessary expertise to conduct the assessments required for the report and will
perform the work relating the application in an objective manner, even if this results in views and findings that are not favourable to the applicant. I
will disclose to the applicant and the air quality officer all material information in my possession that reasonably has or may have the potential of
influencing any decision to be taken with respect to the application by the air quality officer. The information provided in this atmospheric impact
report is, to the best of my knowledge, in all respects factually true and correct. I am aware that the supply of false or misleading information to an air
quality officer is a criminal offence in terms of section 51(1) (g) of this Act.
Signed at
on this
day of
SIGNATURE
CAPACITY OF SIGNATORY
30
REFERENCE
No. 747
11 October 2013 (Government Gazette 36904)
NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT, 2004
(ACT NO. 39 OF 2004)
REGULATIONS PRESCRIBING THE FORMAT OF THE ATMOSPHERIC IMPACT REPORT
APPLIES TO IMPACT & ACTION
RE
Applies to:
In terms of section 30 of NEM:AQA, an air quality officer may require any person to submit to the air quality officer an atmospheric impact report in a
prescribed form if—
(a) the air quality officer reasonably suspects that the person has on one or more occasions contravened or failed to comply with this Act or any
conditions of a licence and that such contravention or failure has had, or may have, a detrimental effect on the environment, including health, social
conditions, economic conditions, ecological conditions or cultural heritage, or has contributed to the degradation of ambient air quality; or
(b) a review of a provisional atmospheric emission licence or an atmospheric emission licence is undertaken in terms of section 45.
Impact and action:
Where required to submit an atmospheric impact report, ensure that same complies with the prescribed format set out above.
LINKS
FORMAT OF THE ATMOSPHERIC IMPACT REPORT
No. 747 11 October 2013 (Government Gazette 36904)
End
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