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The Centre for Environmental Rights (CER), acting for several environmental justice organisations, submitted comments on the Department of Environmental Affairs' (DEA) Draft Air Quality Offset Policy. The CER and its clients oppose the use of offsets in principle, arguing they serve as a "cheap option to avoid compliance" with emission standards and could undermine the constitutional right to a healthy environment. The submission highlights significant gaps in the draft policy, including a lack of clear criteria for determining offsets, poor institutional capacity for monitoring and enforcement, and failure to address equity and distributional effects.

The 'Air Quality Offset Policy' is a draft framework published by the Centre for Environmental Rights in January 2014. It proposes the use of environmental offsets—measures that counterbalance adverse atmospheric emissions—to balance South Africa's economic growth and industrial development with the constitutional right to a healthy environment. The policy outlines principles for offset design, specific application scenarios such as license variations or postponements, and the roles of applicants, licensing authorities, and communities in implementing these measures.