SUBMISSIONS ON DEPARTMENT OF ENVIRONMENTAL AFFAIRS’ DRAFT AIR QUALITY OFFSETS GUIDELINE DATED JANUARY 2015

The Centre for Environmental Rights (CER), representing several environmental justice alliances, submitted a formal objection to the Department of Environmental Affairs' draft Air Quality Offsets Guideline (January 2015). The CER argues that the proposed offsets are actually forms of compensation that lack a legislative framework and could be used by polluters to avoid legal compliance with emission standards.

• The CER asserts that there is no existing legislative framework for offsets in South Africa, and the term "offset" does not appear in any national legislation.
• The draft guideline is criticized for failing to adhere to the 'mitigation hierarchy,' which requires that environmental impacts be avoided, minimized, and repaired before offsets are considered as a final step for residual impacts.
• The CER argues that the proposed offsets are not 'like for like' exchanges, meaning they do not require the same pollutant to be reduced as the one being emitted, which risks polluters targeting the cheapest pollutants rather than the most harmful.
• The document claims the draft guideline undermines the principle of 'additionality' by allowing offsets to be used as substitutes for legal compliance with emission standards, rather than requiring gains above and beyond legal obligations.
• The CER highlights a lack of scientific rigour and baseline data, noting that it is difficult to attribute ambient air quality improvements to a specific proponent's offset project, especially when multiple projects overlap.
• The submission expresses concern that offsets may exacerbate environmental injustice by allowing pollution to continue in one area while providing benefits (such as fuel subsidies) to a different, selectively chosen community.
• The CER reports that major polluters, including Eskom, Sasol, and Natref, have already been granted postponements of Minimum Emission Standards (MES) on the condition that they implement offset programmes.
• The document notes a significant lack of capacity within South African authorities to monitor and enforce air quality offsets, citing a decline in proactive inspections by the Environmental Management Inspectorate (EMI).
• The CER points out that Eskom failed to meet deadlines for submitting offset plans for several power stations, including Camden, Grootvlei, and Tutuka, as required by their Atmospheric Emission Licences (AELs).

APA

Centre for Environmental Rights (2015). SUBMISSIONS ON DEPARTMENT OF ENVIRONMENTAL AFFAIRS’ DRAFT AIR QUALITY OFFSETS GUIDELINE DATED JANUARY 2015. https://cer.org.za/wp-content/uploads/2016/08/Offsets-AQ-Gdlne-CER-27-July-2015_final.pdf?x21779

Chicago

Centre for Environmental Rights. SUBMISSIONS ON DEPARTMENT OF ENVIRONMENTAL AFFAIRS’ DRAFT AIR QUALITY OFFSETS GUIDELINE DATED JANUARY 2015. 2015. https://cer.org.za/wp-content/uploads/2016/08/Offsets-AQ-Gdlne-CER-27-July-2015_final.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=SUBMISSIONS ON DEPARTMENT OF ENVIRONMENTAL AFFAIRS’ DRAFT AIR QUALITY OFFSETS GUIDELINE DATED JANUARY 2015 |date=27 July 2015 |url=https://cer.org.za/wp-content/uploads/2016/08/Offsets-AQ-Gdlne-CER-27-July-2015_final.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrights2015submissions, author = {{Centre for Environmental Rights}}, title = {{SUBMISSIONS ON DEPARTMENT OF ENVIRONMENTAL AFFAIRS’ DRAFT AIR QUALITY OFFSETS GUIDELINE DATED JANUARY 2015}}, publisher = {Centre for Environmental Rights}, year = {2015}, month = jul, url = {https://cer.org.za/wp-content/uploads/2016/08/Offsets-AQ-Gdlne-CER-27-July-2015_final.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }