11/09/2005 - "We have
now started the clock ticking – counting down
our self-imposed deadline to scrub our skies
and clean up the air in our communities."
These were the words of Marthinus van Schalkwyk,
Minister of Environmental Affairs and Tourism,
who on Friday published a notice in the Government
Gazette bringing the National Environmental
Management: Air Quality Act (AQA) into effect
on 11 September – exactly four years after
its first draft was conceived.
"The legislation requires that, once
the Act comes into force, our Department must
develop and publish the South African national
air quality framework within a strict timetable
of deadlines," said the Minister. "By
September 2007 we will, therefore, have drafted,
consulted, and published the framework – which
will outline how air quality will be managed
in our country." The Minister added that
although the development of the national framework
will require careful consideration, legal
and technical review and wide consultation,
the Department is confident that with the
partnership and assistance of communities
and all other stakeholders the deadlines will
be met.
In terms of air quality monitoring the national
framework must establish national standards
for how municipalities will monitor ambient
air quality and source emissions, as well
as how provinces will monitor air quality
and the performance of municipalities in this
regard. It must also ensure that, inter alia,
the public has the opportunity to participate
in the enhancement and protection of air quality;
that there is public access to air quality
information; that the norms and standards
set actually prevent the worsening of air
quality and reduce emissions; and that there
are regular reports on air quality.To ensure
its continuing relevance the framework will
also have to be reviewed at least every five
years.
"By bringing this Act into force we
have enabled the setting of national, provincial,
and local air quality standards," said
the Minister. "It also means that air
quality officers must now be appointed in
all three spheres of Government; that a detailed
air quality management planning system must
be established; that we can declare Controlled
Emitters (for instance setting vehicle emission
standards); declare Controlled Fuels (for
instance regulating the use of alternative
fuels like waste tyres); designate priority
pollutants; and demand air pollution prevention
plans from specified polluters."
Importantly, and giving effect to the announcement
made by the Minister at the recent Vaal Triangle
Clean Air Imbizo, the Act also empowers the
Minister to identify pollution hotspots that
must receive focussed air quality management
attention.
"As we said in the Vaal ," added
the Minister, "We have not yet brought
into effect those sections of the Act that
require or imply specialist capacity that
does not yet exist at local government level
– and for the same reason we have not yet
repealed the existing air quality legislation."
The 9 September notice has also excluded,
as promised by the Minister, the industrial
licensing sections of the new Act.
"The days of South African communities
living under dense clouds of unhealthy chemicals
and brown haze are numbered," said the
Minister. "Our people deserve and have
the right to a healthy environment and air
which is fit to breathe."
