PRELIMINARY SUBMISSIONS ON THE DRAFT NKANGALA DISTRICT MUNICIPALITY AIR QUALITY MANAGEMENT PLAN AND DRAFT AIR QUALITY MANAGEMENT BY-LAWS

The Centre for Environmental Rights (CER), representing the Highveld Environmental Justice Network (HEJN), groundWork (gW), and Earthlife Africa (ELA), submitted preliminary comments on the draft Air Quality Management Plan (AQMP) and draft Air Quality Management By-laws for the Nkangala District Municipality (NDM). The CER argues that the NDM has delayed its legal obligations under the National Environmental Management: Air Quality Act, 2004, and has failed to provide stakeholders with adequate time or technical support to meaningfully participate in the drafting process.

• The Nkangala District Municipality (NDM) is legally required under section 15(2) of the National Environmental Management: Air Quality Act, 2004 (AQA) to maintain an Air Quality Management Plan (AQMP). This plan must describe how the NDM will implement it and aim to improve air quality, reduce negative impacts on human health and the environment, and address emissions from industrial sources and fossil fuel use in residential applications.
• The NDM is located within the Highveld Priority Area (HPA), where air quality is a significant concern. The CER identifies three urgent needs for the area: better regulation of industrial emissions (including sulphur dioxide, nitrogen oxides, hydrogen sulphide, and particulate matter/dust), the reduction of poor air quality in dense low-income settlements, and the improvement of community health.
• The CER contends that the NDM's stakeholder engagement process for the draft AQMP and by-laws was procedurally unfair and insufficient. Specific grievances include receiving notification only 10 days before the March 26, 2015 meeting, receiving voluminous technical documents less than four working days before the meeting, and the lack of a circulated agenda.
• Stakeholders were initially given 14 days, and later 30 days, to comment on the draft documents, which the CER deems unreasonable. The CER cites the technical nature of the documents, the need for expert consultation, the lack of technical resources for vulnerable groups, and the presence of public holidays as reasons why this timeframe was inadequate.
• The CER reports a lack of responsiveness from the NDM and its consultants (EScience Associates and Environmental Counsel CC) regarding technical questions sent on April 7, 2015, and multiple requests for confirmation of the submission deadline sent between April 7 and April 21, 2015.
• On April 28, 2015, the NDM indicated it would accept submissions on April 29, 2015, and planned to publish new drafts on April 30, 2015, with a 21-day comment period. A public meeting was scheduled for May 12, 2015, with the goal of publishing final drafts by the end of May 2015.

APA

Centre for Environmental Rights (2015). PRELIMINARY SUBMISSIONS ON THE DRAFT NKANGALA DISTRICT MUNICIPALITY AIR QUALITY MANAGEMENT PLAN AND DRAFT AIR QUALITY MANAGEMENT BY-LAWS. https://cer.org.za/wp-content/uploads/2016/08/CER-letter_NDM-AQMPBylaws_Submissions-29-4-2015.pdf?x21779

Chicago

Centre for Environmental Rights. PRELIMINARY SUBMISSIONS ON THE DRAFT NKANGALA DISTRICT MUNICIPALITY AIR QUALITY MANAGEMENT PLAN AND DRAFT AIR QUALITY MANAGEMENT BY-LAWS. 2015. https://cer.org.za/wp-content/uploads/2016/08/CER-letter_NDM-AQMPBylaws_Submissions-29-4-2015.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=PRELIMINARY SUBMISSIONS ON THE DRAFT NKANGALA DISTRICT MUNICIPALITY AIR QUALITY MANAGEMENT PLAN AND DRAFT AIR QUALITY MANAGEMENT BY-LAWS |date=29 April 2015 |url=https://cer.org.za/wp-content/uploads/2016/08/CER-letter_NDM-AQMPBylaws_Submissions-29-4-2015.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrights2015preliminary, author = {{Centre for Environmental Rights}}, title = {{PRELIMINARY SUBMISSIONS ON THE DRAFT NKANGALA DISTRICT MUNICIPALITY AIR QUALITY MANAGEMENT PLAN AND DRAFT AIR QUALITY MANAGEMENT BY-LAWS}}, publisher = {Centre for Environmental Rights}, year = {2015}, month = apr, url = {https://cer.org.za/wp-content/uploads/2016/08/CER-letter_NDM-AQMPBylaws_Submissions-29-4-2015.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }