fa74-submission-of-proposed-amendement-to-section-21-by-lrc-dated-07-may-2013-d49a9ca4af4aa4c3.pdf

The Legal Resources Centre (LRC) submitted a statement to the Portfolio Committee on Water and Environmental Affairs on 7-8 May 2013, opposing proposed amendments to the Section 21 listed activities of the Air Quality Act (Act 39 of 2004). The LRC argues that the 2012 amendment process lacked administrative fairness and transparency compared to the 2009 process, resulting in reduced standards for major polluters and extended compliance timeframes.

• The Legal Resources Centre (LRC) identifies several failures in the administrative fairness of the 2012 proposed amendments to the Section 21 notice. These include a lack of transparency in bilateral discussions, a departure from the NEM:AQA Framework consultation process and Best Practicable Environmental Option (BPEO), and a unilateral change in consultation that disadvantaged people in the receiving environment by reducing their access to information and their ability to challenge technical representations from industry stakeholders.
• The LRC claims that the proposed amendments have significantly reduced emission standards for major polluters, specifically citing the oil industry, and have extended the timeframes allowed for compliance.
• The LRC recommends that the Department of Environmental Affairs (DEA) only make typographical and non-substantive amendments via a correction notice. Any other amendments should follow the Framework process, which requires establishing a technical committee comprising government, industrial sector, business, civil society, and scientists/academics to consider health, safety, environmental protection, technical feasibility, monitoring capability, and socio-economic consequences.
• The LRC proposes that the BPEO be pursued using Best Available Technology (BAT) and that a committee should update BAT information to establish standards for more pollutants and industry types, culminating in a five-year review of emission standards. If the DEA refuses to follow the Framework process, the LRC recommends that the proposed amendments be withdrawn or held over for the five-year review.

APA

Centre for Environmental Rights (n.d.). fa74-submission-of-proposed-amendement-to-section-21-by-lrc-dated-07-may-2013-d49a9ca4af4aa4c3.pdf. https://cer.org.za/wp-content/uploads/2014/06/FA74-Submission-of-proposed-amendement-to-Section-21-by-LRC-dated-07-May-2013.pdf?x21779

Chicago

Centre for Environmental Rights. fa74-submission-of-proposed-amendement-to-section-21-by-lrc-dated-07-may-2013-d49a9ca4af4aa4c3.pdf. n.d. https://cer.org.za/wp-content/uploads/2014/06/FA74-Submission-of-proposed-amendement-to-Section-21-by-LRC-dated-07-May-2013.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=fa74-submission-of-proposed-amendement-to-section-21-by-lrc-dated-07-may-2013-d49a9ca4af4aa4c3.pdf |url=https://cer.org.za/wp-content/uploads/2014/06/FA74-Submission-of-proposed-amendement-to-Section-21-by-LRC-dated-07-May-2013.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrightsndfa74submissionofproposedamendementtosection21bylrcdated07may2013d49a9ca4af4aa4c3pdf, author = {{Centre for Environmental Rights}}, title = {{fa74-submission-of-proposed-amendement-to-section-21-by-lrc-dated-07-may-2013-d49a9ca4af4aa4c3.pdf}}, publisher = {Centre for Environmental Rights}, url = {https://cer.org.za/wp-content/uploads/2014/06/FA74-Submission-of-proposed-amendement-to-Section-21-by-LRC-dated-07-May-2013.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }