2014-05-30-fa37-dea-briefing-document-on-s21-10-2009-44ef770185540c93.pdf

This October 2009 briefing document from the South African Department of Environmental Affairs outlines the logic, guiding principles, and stakeholder responses regarding the establishment of 'Listed Activities' and their associated minimum emission standards under the National Environmental Management: Air Quality Act (AQA). It details the transition from the older Atmospheric Pollution Prevention Act (APPA) to the AQA, the technical process for setting standards via the South African Bureau of Standards (SABS), and the department's refusal to allow 'grandfathering' for old industrial plants.

• Under Section 21 of the AQA, the Minister must identify 'Listed Activities' that have a significant detrimental effect on the environment, health, social, economic, or cultural conditions; these activities require an Atmospheric Emission License (AEL) to operate.
• The department rejects the concept of 'grandfathering'—allowing old factories to remain subject to old rules—stating there is no justification for old plants to continue having an adverse impact on health and well-being in perpetuity.
• Compliance time frames for existing industries are set at 5 years to meet 'existing plant' standards and 10 years to meet 'new plant' standards, based on the principle that responsible operators should have already implemented measures to prevent pollution since 1996 and 1998.
• The standard-setting process involves an expert panel and the South African Bureau of Standards (SABS) TC 146, utilizing a 'Best Available Technology/Technique' (BAT) approach to ensure standards are technologically possible without considering economic factors.
• The department maintains that the first generation of minimum emission standards is based on international literature reviews and the identification of significant emitters, rather than detailed cost-benefit analyses (CBA), which it suggests should be conducted by the affected industry if they wish to challenge a standard.
• Due to time constraints and questions of significance, the first generation of standards focuses on 'criteria pollutants,' but the department commits to developing standards for persistent organic pollutants and heavy metals in 2010.

APA

Centre for Environmental Rights (n.d.). 2014-05-30-fa37-dea-briefing-document-on-s21-10-2009-44ef770185540c93.pdf. https://cer.org.za/wp-content/uploads/2014/06/2014-05-30-FA37-DEA-Briefing-Document-on-S21-10-2009.pdf?x21779

Chicago

Centre for Environmental Rights. 2014-05-30-fa37-dea-briefing-document-on-s21-10-2009-44ef770185540c93.pdf. n.d. https://cer.org.za/wp-content/uploads/2014/06/2014-05-30-FA37-DEA-Briefing-Document-on-S21-10-2009.pdf?x21779.

Wikipedia

{{cite report |author=Centre for Environmental Rights |title=2014-05-30-fa37-dea-briefing-document-on-s21-10-2009-44ef770185540c93.pdf |url=https://cer.org.za/wp-content/uploads/2014/06/2014-05-30-FA37-DEA-Briefing-Document-on-S21-10-2009.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centreforenvironmentalrightsnd20140530fa37deabriefingdocumentons2110200944ef770185540c93pdf, author = {{Centre for Environmental Rights}}, title = {{2014-05-30-fa37-dea-briefing-document-on-s21-10-2009-44ef770185540c93.pdf}}, institution = {Centre for Environmental Rights}, url = {https://cer.org.za/wp-content/uploads/2014/06/2014-05-30-FA37-DEA-Briefing-Document-on-S21-10-2009.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }