Law & Regulation
National Environmental Management: Air Quality Act 39 of 2004
South Africa's specialist statute regulating atmospheric emissions: national ambient air-quality standards, a list of activities resulting in significant atmospheric emissions, and a Chapter 5 licensing system (Atmospheric Emission Licence) for those listed activities. Power generation, industrial processing and certain heavy-construction or materials-handling facilities can require an AEL as a separate, facility-specific operating authorisation from a project's NEMA environmental authorisation.
Legal Significance
What This Instrument Does
Section 21 provides for the Minister (or MEC, for provincial lists) to publish the list of activities resulting in significant atmospheric emissions, with associated minimum emission standards. Section 22 prohibits carrying out a listed activity without a provisional or full Atmospheric Emission Licence and sets out the licence-application procedure. Chapter 5 as a whole governs the licensing of listed activities, including conditions on permitted emission volumes/rates/concentrations and monitoring/reporting requirements. Instrument boundary: does not perform the general environmental-authorisation function carried out by NEMA and the EIA Regulations/Listing Notices — a project may require both a NEMA environmental authorisation and an Air Quality Act licence. No offences-provision section number is asserted here beyond what could be independently confirmed.
Key Provisions
- Section 21 — Listed activities
Provides for publication of the list of activities resulting in significant atmospheric emissions, with associated minimum emission standards.
- Section 22 and Chapter 5 — Atmospheric Emission Licence prohibition and licensing
Prohibits carrying out a listed activity without a provisional or full Atmospheric Emission Licence and governs the application, conditions (permitted emission rates, monitoring and reporting), for that licence. Practical consequence: AEL conditions can materially affect technology selection, operating costs and compliance risk over a project's operating life.
Legal Framework Position
- Environmental / PermittingSupporting / Related Instrument
Instrument Overview
- Official Citation
- 39 of 2004
- Instrument Type
- Law / Act
- Source Language
- English
- Last Verified
- 6 September 2026