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These 2016 regulations, issued by the Minister of Environmental Affairs, establish the procedure and criteria for determining administrative fines for persons operating listed activities without a valid atmospheric emission license under section 22A of the National Environmental Management: Air Quality Act, 2004.

This legal opinion, prepared for the Centre for Environmental Rights (CER), examines whether 'interested and affected parties' (I&APs) have a legal right to participate in the determination of administrative fines imposed under section 24G of the National Environmental Management Act (NEMA). The authors conclude that while such determinations do not constitute 'administrative action' affecting I&APs under the Promotion of Administrative Justice Act (PAJA), the failure to allow I&APs to make representations may be considered irrational and unlawful under the principle of legality and the Constitution.