first-resp-part-4-0e2a1d8fbc8b2ccb.pdf

This document is a legal statement from the Minister of Environment, Forestry and Fisheries (representing the National Department) responding to an application by several parties regarding air quality management in the Highveld Priority Area (HPA). The Minister defends the implementation of the Highveld Plan, arguing that the government has substantially complied with its goals through a co-operative governance model involving national, provincial, and municipal spheres, as well as private industry. The statement rejects the demand for additional regulations under section 20 of the Air Quality Act, asserting that existing tools and the progressive realization of environmental rights are sufficient. It also details the Minister's refusal to grant emission exemptions to Eskom and Sasol.

• The Highveld Priority Area (HPA) was declared on 23 November 2007 via GN 4123 of 2007 because the former Minister believed ambient air quality exceeded or might exceed standards, or that a situation existed causing significant negative impacts on air quality.
• The overall objective of the Highveld Plan is for ambient air quality in the HPA to comply with all national ambient air quality standards, a goal to be progressively realized through seven specific goals.
• The Minister asserts that 80% of the objectives derived from the seven goals of the Highveld Plan have been completed.
• The government argues that air quality management in the HPA requires a co-operative governance approach rather than a 'command-and-control' method, as the primary responsibility for implementation and enforcement is constitutionally vested in autonomous municipalities.
• The National Department has launched a special project to improve the functioning of its air quality monitoring network, with a budget of approximately R 98 million to be spent over five years, addressing issues like load-shedding, vandalism, and theft of copper cables.
• The Minister disputes the claim that a lack of progress is due to the absence of regulations under section 20 of the Air Quality Act, stating that adding another layer of regulations would create budgetary constraints without providing further benefit.
• The government maintains that while some 'hotspots' in the HPA still do not comply with National Ambient Air Quality Standards, the general trend shows improvement over time.
• The Minister argues that the World Health Organisation Air Quality Guidelines (2005) are non-binding recommended guidelines and that South Africa's National Ambient Air Quality Standards were developed by balancing health risks with technological feasibility and economic considerations unique to the Republic.

APA

Centre for Environmental Rights (n.d.). first-resp-part-4-0e2a1d8fbc8b2ccb.pdf. https://cer.org.za/wp-content/uploads/2021/02/First-Resp-Part-4.pdf?x21779

Chicago

Centre for Environmental Rights. first-resp-part-4-0e2a1d8fbc8b2ccb.pdf. n.d. https://cer.org.za/wp-content/uploads/2021/02/First-Resp-Part-4.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=first-resp-part-4-0e2a1d8fbc8b2ccb.pdf |url=https://cer.org.za/wp-content/uploads/2021/02/First-Resp-Part-4.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrightsndfirstresppart40e2a1d8fbc8b2ccbpdf, author = {{Centre for Environmental Rights}}, title = {{first-resp-part-4-0e2a1d8fbc8b2ccb.pdf}}, publisher = {Centre for Environmental Rights}, url = {https://cer.org.za/wp-content/uploads/2021/02/First-Resp-Part-4.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }