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LEGAL UPDATE HEALTH, SAFETY AND ENVIRONMENTAL LAWS NOVEMBER 2013

Transcript of INDEX [] · Web viewAll wells must be cased according to current industry standards published by...

LEGAL UPDATE

HEALTH, SAFETY AND ENVIRONMENTAL LAWS

NOVEMBER 2013

INDEX

INDEX............................................................................................................................................................................................2

NATIONAL HEALTH ACT- COMMENCEMENT..........................................................................................................................3

NEM:AQA: DUST CONTROL REGULATIONS...........................................................................................................................5

TRADE METROLOGY: AMENDMENT OF REGULATIONS.....................................................................................................11

NEM: PROTECTED AREAS......................................................................................................................................................13

PROPOSED LEVY ON THE PIPED-GAS AND PETROLEUM PIPELINE INDUSTRIES FOR 2014/15...................................17

MINING : PROPOSED TECHNICAL REGULATIONS FOR PETROLEUM EXPLORATION AND EXPLOITATION..............19

NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT, 2004 REGULATIONS PRESCRIBING THE FORMAT OF THE ATMOSPHERIC IMPACT REPORT............................................................................................................25

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NATIONAL HEALTH ACT- COMMENCEMENT

KEY WORDS

PROCLAMATION No. 37, 2013

COMMENCEMENT OF THE NATIONAL HEALTH AMENDMENT ACT, 2013 (ACT NO. 12 OF 2013)

IN A NUTSHELL

Take note that in terms of section 9 of the National Health Amendment Act, 2013 (Act No. 12 of 2013)("the Act") all the sections of the Act save for sections 2 and 3 of the Act, shall come into operation on 02 September 2013.

Given under my Hand and the Seal of the Republic of South Africa at Cape Town on this 21 day of August, Two Thousand and Thirteen.

REFERENCE

PROCLAMATION No. 37, 2013

COMMENCEMENT OF THE NATIONAL HEALTH AMENDMENT ACT, 2013 (ACT NO. 12 OF 2013)

APPLIES TO IMPACT & ACTION

RE Applies to:

Public hospitals and clinics.

Impact:

The National Health Amendment Act significantly alters the National Health Act.

The amendment act introduces:

the Office of Health Standards Compliance (OHSC), which is empowered to monitor and enforce health standards in all health establishments throughout the country, including both private and public hospitals and clinics.

an inspectorate who will ensure compliance by health establishments with stated and prescribed norms and standards which are yet to be published for public consumption;

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the appointment of an ombudsman to deal with patient-consumer complaints in respect of a lack of delivery of care where a

health establishment fails to adhere to a particular norm or standard.

a complaints process extensively awarding rights to patients and consumers who are dissatisfied with the services that they have received in hospital.

LINKS

NATIONAL HEALTH ACT, 61 OF 2003

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NEM:AQA: DUST CONTROL REGULATIONS

KEY WORDS

NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT, 2004(ACT NO. 39 OF 2004)

NATIONAL DUST CONTROL REGULATIONS

IN A NUTSHELL

Take note of the National Dust Control Regulations, made in terms of section 53(o), read with section 32 of the National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004.

Below is a run down of these regulations:

1. DEFINITIONS

"ASTM D1739" means the American Standard for Testing and Materials method D1739, which is the standard test method for the collection and measurement of dust fall;

"dust (or settleable particulate matter)" means any material composed of particles small enough to pass through a 1 mm screen and large enough to settle by virtue of their weight into the sampling container from the ambient air.

"dustfall" means the deposition of dust;

"dustfall monitoring programme" means monitoring of the dustfall on a continuous basis;

"Non- residential area" means any area not classified for residential use as per local town planning scheme;

"premises" means any land and structures thereon including stockpiles of materials, roadways and other means of conveyance, from which dust may be generated through anthropogenic or natural activities or processes;

"residential area" means any area classified for residential use in terms of the local town planning scheme; and

"the Act" means National Environmental Management: Air Quality Act, 2004 (Act No.39 of 2004).

2. PURPOSE OF THE REGULATIONS

The purpose of the regulations is to prescribe general measures for the control of dust in all areas.

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3. DUST FALL STANDARD

A standard for the acceptable dust fall rate is set out in Table 1 for residential and non- residential areas.

Table 1: Acceptable dust fall rates

Restriction Areas Dust fall rate (D) (mg/m2/day, 30- days average)

Permitted frequency of exceeding dust fall rate

Residential area D<600 Two within a year, not sequential months.

Non-residential area 600<D<1200 Two within a year, not sequential months.

The method to be used for measuring dust fall rate and the guideline for locating sampling points shall be ASTM D1739:1970, or equivalent method approved by any internationally recognized body.

4. DUSTFALL MONITORING PROGRAMME

The air quality officer may require any person, through a written notice, to undertake a dust fall monitoring programme if:

the air quality officer reasonably suspects that the person is contravening regulation 3; or the activity being conducted by the person requires a fugitive dust emission management plan as per the notice published in terms of

section 21 of the Act.

Any person who conducts any activity in such a way as to give rise to dust in quantities and concentrations that may exceed the dust fall standard set out in regulation 3 must, upon receipt of a notice from the air quality officer, implement dust fall monitoring programme.

A person required to implement the dust fall monitoring programme must, within a specified period, submit a dust fall monitoring report to the air quality officer.

If a person who is required to implement the dust fall monitoring programme has an existing one, the reports of that programme shall be accepted by the air quality officer if it meets the requirements of regulation 5.

A dust fall monitoring programme must include:

(a) the establishment of a network of dust monitoring points using method ASTM D1739: 1970 (or equivalent), sufficient in number to establish the contribution of the person to dustfall in residential and non-residential areas in the vicinity of the premises, to monitor identified or likely sensitive receptor locations, and to establish the baseline dustfall for the district; and

(b) a schedule for submitting to the air quality officer, dustfall monitoring reports annually or at more frequent intervals if so requested by the air quality officer.

5. DUSTFALL MONITORING REPORT

A dustfall monitoring report must provide:

(a) information on the location of sampling sites, including latitudinal and longitudinal coordinates, and a position indicator on a topographic map;

(b) classification of the area where samplers are located, in terms of residential and non- residential, and identification of sensitive receptors;

(c) reference to the standard methods used for site selection, sampling and analysis, and any methods/laboratory accreditation, if applicable;

(d) the dustfall monitoring results including a comparison of current year and historical results (if any) for each site, and including a tabular summary of compliance with the dustfall standard set out in regulation 3;

(e) meteorological data (wind speed and direction, rainfall) for the sampling area; and

(f) any other relevant data that might influence the results.

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6. MEASURES FOR THE CONTROL OF DUST

Any person who has exceeded the dustfall standard set out in regulation 3 must, within three months after submission of the dustfall monitoring report, develop and submit a dust management plan to the air quality officer for approval.

A dust management plan, must:

(a) identify all possible sources of dust within the affected site;

(b) detail the best practicable measures to be undertaken to mitigate dust emissions;

(c) detail an implementation schedule;

(d) identify the line management responsible for implementation;

(e) incorporate the dust fallout monitoring plan; and

(f) establish a register for recording all complaints received by the person regarding dustfall, and for recording follow up actions and responses to the complainants.

A dust management plan must be implemented within a month of the date of approval.

An implementation progress report must be submitted to the air quality officer at agreed time intervals.

7. AMBIENT AIR QUALITY MONITORING FOR PM10

An air quality officer may require any person to undertake continuous ambient air quality monitoring for PM10 in accordance with a notice published in terms of section 9 of the Act, if the dust fall monitoring report indicates non-compliance with regulation 3.

8. OFFENCES

A person is guilty of an offence if that person contravenes or fails to comply with a provision of regulation 4 (2) and (3), 6(1); (3) and (4) or 7.

9. PENALTIES

A person convicted of an offence is liable to

in the case of a first conviction to a fine not exceeding R5 million or to imprisonment for a period not exceeding five years; and in the case of a second or subsequent conviction to a fine not exceeding R10 million or imprisonment for a period not exceeding 10 years

and in respect of both instances to both such fine and such imprisonment.

SHORT TITLE AND COMMENCEMENT

These regulations are called the National Dust Control Regulations, 2013.

REFERENCE

No. R. 827 1 November 2013

NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT, 2004(ACT NO. 39 OF 2004)

NATIONAL DUST CONTROL REGULATIONS

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APPLIES TO IMPACT & ACTION

RE Applies to:

All areas in South Africa– residential and non residentil

Impact:

The purpose of the regulations is to prescribe general measures for the control of dust in all areas.

Acceptable Dustfall standard- A standard for the acceptable dustfall rate is for residential and non- residential areas as follow:.

Restriction Areas Dustfall rate (D) (mg/m2/day, 30- days average)

Permitted frequency of exceeding dust fall rate

Residential area D<600 Two within a year, not sequential months.

Non-residential area 600<D<1200 Two within a year, not sequential months.

The method to be used for measuring dustfall rate and the guideline for locating sampling points shall be ASTM D1739:1970, or equivalent method approved by any internationally recognized body.

Dustfall monitoring programme- The air quality officer may require any person, through a written notice, to undertake a dustfall monitoring programme as if:

the air quality officer reasonably suspects that the person is contravening regulation 3; or the activity being conducted by the person requires a fugitive dust emission management plan as per the notice published in terms of

section 21 of the Act.

Any person who conducts any activity in such a way as to give rise to dust in quantities and concentrations that may exceed the dustfall standard set out in regulation 3 must, upon receipt of a notice from the air quality officer, implement dustfall monitoring programme.

A person required to implement the dustfall monitoring programme must, within a specified period, submit a dustfall monitoring report to the air quality officer.

If a person who is required to implement the dustfall monitoring programme has an existing one, the reports of that programme shall be accepted by the air quality officer if it meets the requirements of regulation 5.

A dustfall monitoring programme must include:

the establishment of a network of dust monitoring points using method ASTM D1739: 1970 (or equivalent), sufficient in number to establish the contribution of the person to dustfall in residential and non-residential areas in the vicinity of the premises, to monitor identified or likely sensitive receptor locations, and to establish the baseline dustfall for the district; and

a schedule for submitting to the air quality officer, dustfall monitoring reports annually or at more frequent intervals if so requested by the air quality officer.

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Dustfall monitoring report

A dustfall monitoring report must provide:

LOCATION OF SAMPLING SITES

-information on the location of sampling sites, including latitudinal and longitudinal coordinates, and a position indicator on a topographic map;

AREAS

- classification of the area where samplers are located, in terms of residential and non- residential, and identification of sensitive receptors;

METHODOLOGY

- reference to the standard methods used for site selection, sampling and analysis, and any methods/laboratory accreditation, if applicable;

RESULTS

-the dustfall monitoring results including a comparison of current year and historical results (if any) for each site, and including a tabular summary of compliance with the dustfall standard set out in regulation 3;

METEOROLOGICAL DATA

-meteorological data (wind speed and direction, rainfall) for the sampling area; and

OTHER

-any other relevant data that might influence the results.

Measures for the control of dust- Any person who has exceeded the dustfall standard set out in regulation 3 must, within three months after submission of the dustfall monitoring report, develop and submit a dust management plan to the air quality officer for approval.

The dust management plan must:

SOURCES OF DUST IN AREA

-identify all possible sources of dust within the affected site;

MITIGATION LEVELS

-detail the best practicable measures to be undertaken to mitigate dust emissions;

IMPLEMENTATION SCHEDULE

- detail an implementation schedule;

LINE MANAGEMENT RESPONSIBLE FOR IMPLEMENTAIOTN

-identify the line management responsible for implementation;

DUST FALL OUT MONITORING PLAN

-incorporate the dust fallout monitoring plan; and

COMPLAINTS REGISTER

-establish a register for recording all complaints received by the person regarding dustfall, and for recording follow up actions and responses to the complainants.

A dust management plan must be implemented within a month of the date of approval.

An implementation progress report must be submitted to the air quality officer at agreed time intervals.

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Ambient air quality monitoring for PM10 - an air quality officer may require any person to undertake continuous ambient air quality monitoring for PM10 if the dustfall monitoring report indicates non-compliance with the minimum dust levels under Regulation 3.

Any non-compliance with these regulations will result in:

on a first offence- a fine not exceeding R5 million or to imprisonment for a period not exceeding five years; andin the case of a second or subsequent conviction to a fine not exceeding R10 million or imprisonment for a period not exceeding 10 years and in respect of both instances to both such fine and such imprisonment.

Action:

Measure dust levels and ensure that they fall within permitted levels. If they exceed these levels implment a dust fall out monitoring and remedial plan as prescribed.

LINKS

DUST CONTROL REGULATIONSNo. R. 827 1 November 2013

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TRADE METROLOGY: AMENDMENT OF REGULATIONS

KEY WORDS

TRADE METROLOGY ACT, 1973 (ACT NO. 77 OF 1973)

AMENDMENT OF THE REGULATIONS OF THE TRADE METROLOGY ACT NO 77 OF 1973 PUBLISHED BY GOVERNMENT NOTICE NO. R 2362 OF 18 NOVEMBER 1977

IN A NUTSHELL

Take note of the following amendments, which will come into effect on the date two (2) months after the publication of this notice i.e. 1 November 2013.

THE ADDITION OF A NEW PROVISION UNDER REGULATION 46 PERTAINING TO AUTOMATIC RAIL-WEIGHBRIDGES

1. Insert the following regulation 46 in Part II of the Trade Metrology Regulations: Automatic rail-weighbridges

Definitions

46 (1) For the purposes of this regulation the definitions under the heading "Definitions" in SANS 689 and the following definitions apply:

(a) "automatic rail-weighbridge" means an automatic weighing instrument having load receptors, inclusive of rails for conveying railway wagons, that determines the mass of wagons or trains or both wagons and trains, by weighing them in motion.

(b) "SANS 689" means the South African National Standard entitled "Automatic rail-weighbridges", as amended from time to time.

Applicable requirements

(2) All automatic rail-weighbridges shall conform to the requirements of SANS 689 and any similar requirement in this part of the regulations shall not apply.

Verification

(3) Automatic rail-weighbridges shall be verified according to the requirements of annex AA of SANS 689.

Responsibilities of users of automatic rail-weighbridges

(4) In addition to any requirement of the Act or any other applicable regulation in terms of the Act and unless the user is exempted by any provision in the Act or any other applicable regulation in terms of the Act, the requirements of annex BB of SANS 689 shall be complied with by persons using automatic rail-weighbridges for a prescribed purpose.

AMENDMENT OF REGULATION 60

2. Regulation 60 is amended by:

a) adding the following wording at the end of subregulation (2):

"unless otherwise provided in a certificate issued in terms of Section 18 of the Act".

b) deleting subregulations (3) (c) and (d).

3. Regulation 61 is deleted in its entirety.

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REFERENCE

No. R. 828 1 November 2013

TRADE METROLOGY ACT, 1973 (ACT NO. 77 OF 1973)

NOTICE OF AMENDMENT OF THE REGULATIONS OF THE TRADE METROLOGY ACT NO 77 OF 1973 PUBLISHED BY GOVERNMENT NOTICE NO. R 2362 OF 18 NOVEMBER 1977, AS AMENDED.

APPLIES TO IMPACT & ACTION

RE

Applies to:

Automatic rail-weighbridges

Being - "automatic rail-weighbridge" means an automatic weighing instrument having load receptors, inclusive of rails for conveying railway wagons, that determines the mass of wagons or trains or both wagons and trains, by weighing them in motion.

Impact and Action:

All automatic rail-weighbridges shall conform to the requirements of SANS 689.

"SANS 689" means the South African National Standard entitled "Automatic rail-weighbridges", as amended from time to time.

Automatic rail-weighbridges shall be verified according to the requirements of annex AA of SANS 689.

In addition to any requirement of the Act or any other applicable regulation in terms of the Act and unless the user is exempted by any provision in the Act or any other applicable regulation in terms of the Act, the requirements of annex BB of SANS 689 shall be complied with by persons using automatic rail-weighbridges for a prescribed purpose.

LINKS

TRADE METROLOGY ACT 77 OF 1973.

ACT

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NEM: PROTECTED AREAS

KEY WORDS

NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS ACT, 2003(ACT NO. 57 OF 2003)

PROPER ADMINISTRATION OF SPECIAL NATURE RESERVES, NATIONAL PARKS AND WORLD HERITAGE SITES AMENDMENT REGULATIONS, 2013

IN A NUTSHELL

PROPER ADMINISTRATION OF SPECIAL NATURE RESERVES, NATIONAL PARKS AND WORLD HERITAGE SITES AMENDMENT REGULATIONS, 2013

Take note of the intention to amend the Regulations for the Proper Administration of Special Nature Reserves, National Parks and World Heritage Sites as promulgated in Government Notice No. R. 1061 in Government Gazette No. 28181 of 28 October 2005, under section 86(1) read with section 86(3) of the National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003)

In these regulations "the Regulations" means the Proper Administration of Special Nature Reserves, National Parks and World Heritage Sites Regulations, 2005 published under Government Notice No. R. 1061 of 28 October 2005.

AMENDMENT OF REGULATION 2 OF THE REGULATIONS

Regulation 2 of the Regulations is hereby amended by substitution for subregulation 1 of the following subregulation:

"(1) These Regulations are, unless specified otherwise, applicable to all special nature reserves, national parks and world heritage sites excluding the Vredefort World Heritage Site”.

AMENDMENT OF REGULATION 45 OF THE REGULATIONS

Regulation 45 of the Regulations is hereby amended by the substitution in subregulation (2)(a) for subparagraphs (i), (ii), (iii), (iv), (v), (vi), (vii) and (ix) of the following subparagraphs:

"(i) hunting, catching, capturing or killing any living specimen of a [listed threatened or] protected species by any means, method or device whatsoever, including searching, pursuing, driving, lying in wait, luring, alluring, discharging a missile or injuring with intent to hunt, catch, capture or kill any such specimen;

(ii) gathering, collecting or plucking any specimen of a [listed threatened or] protected species;

(iii) picking parts of, or cutting, chopping off, uprooting, damaging or destroying, any specimen of a [listed threatened or] protected species;

(iv) possessing or exercising physical control over any specimen of a [listed threatened or] protected species;

(v) growing, breeding or in any other way propagating any specimen of a [listed threatened or] protected species, or causing it to multiply;

(vi) conveying, moving or otherwise translocating any specimen of a [listed threatened or] protected species;

(vii) selling or otherwise trading in, buying, receiving, giving, donating or accepting as a gift, or in any way acquiring or disposing of any specimen of a [listed threatened or] protected species; or

(ix) any other prescribed activity which involves a specimen of a [listed threatened or] protected species;".

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AMENDMENT OF REGULATION 64 OF THE REGULATIONS

Regulation 64 of the Regulations is hereby amended by the substitution for subregulation (1) of the following subregulation:

"(1) Any person who contravenes or fails to comply with—

(a) a provision of these Regulations;

(b) a condition mentioned in a licence, permit or agreement issued or entered into in terms of these Regulations; or

(c) a prohibition, instruction, rule or order imposed, given or issued under these Regulations;

is guilty of an offence and liable

in the case of a first conviction to a fine not exceeding R5 million or to imprisonment for a period not exceeding 5 years and

in the case of a second or subsequent conviction to a fine not exceeding R10 million or imprisonment for a period not exceeding 10 years or in both instances to both a fine and such imprisonment.".

REFERENCE

NOTICE 1025 OF 2013 (Government Gazette 36969)

DEPARTMENT OF ENVIRONMENTAL AFFAIRS

NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS ACT, 2003(ACT NO. 57 OF 2003)

PROPER ADMINISTRATION OF SPECIAL NATURE RESERVES, NATIONAL PARKS AND WORLD HERITAGE SITES AMENDMENT REGULATIONS, 2013

APPLIES TO IMPACT & ACTION

RE

Applies to:

Published for general interest

Action:

Members of the public are invited to submit to the Minister, within 30 days after the publication of the draft regulations in the Gazette, written comments or inputs to the following addresses:

By post to:Director-General: Department of Environmental AffairsAttention: Dr Geoff CowanPrivate Bag X447PRETORIA0001

By hand at: 2nd Floor (Reception), Fedsure Forum Building, 315 Corner Pretorius and Lillian Ngoyi streets, Pretoria.

By fax to: (012) 320 1243; or by e-mail to: [email protected]

Any enquiries in connection with the draft regulations can be directed to Dr Geoff Cowan at (012) 310 3701.

Comments received after the closing date may not be considered.

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CONSUMER PROTECTION ACT, 2008:MEAT TRADE DESCRIPTIONS

KEY WORDS

CONSUMER PROTECTION ACT, 2008

CATEGORIES OF GOODS THAT ARE REQUIRED TO HAVE A TRADE DESCRIPTION APPLIED TO THEM IN TERMS OF THE CONSUMER PROTECTION ACT, 2008 (ACT NO. 68 OF 2008)02/10/2013

IN A NUTSHELL

Take note that the following meat products must bear a trade description.CATEGORIES OF GOODS THAT ARE REQUIRED TO HAVE A TRADE DESCRIPTION APPLIED TO THEM

INFORMATION REQUIRED TO BE INCLUDED IN THE TRADE DESCRIPTION

Processed and Packaged Meat Products

1. The number, quantity, measure, weight or gauge of the goods.2. The name of the producer of the goods.3. The ingredients of which the goods consist, or material of which the goods are made, including a plain language description of the animal from which any particles, portions or constituents of meat were derived, e.g. Water Buffalo, Horse and Donkey etc.4. The mode of manufacturing or producing the goods.

Dried and Packaged Meat Products

1. The number, quantity, measure, weight or gauge of the goods.2. The name of the producer of the goods.3. The ingredients of which the goods consist, or material of which the goods are made, including a plain language description of the animal from which any particles, portions or constituents of meat were derived, e.g. Water Buffalo, Horse and Donkey etc.4. The mode of manufacturing or producing the goods.

Please note that in terms of section 24(4)(a) of the Act the Minister may from time to time prescribe further categories that are required to have a trade description applied to them.

REFERENCE

No. 825 25 October 2013 (Government Gazette 36968)

CONSUMER PROTECTION ACT, 2008

CATEGORIES OF GOODS THAT ARE REQUIRED TO HAVE A TRADE DESCRIPTION APPLIED TO THEM IN TERMS OF THE CONSUMER PROTECTION ACT, 2008 (ACT NO. 68 OF 2008)

APPLIES TO IMPACT & ACTION

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RE Applies to:

All suppliers of Meat products and to consumers.

Impact and action:

All consumers of meat products are entitled to know what type of meat they are consuming. All suppliers of meat products must ensure that all their meat products are correctly labelled and bear a proper trade description which houses at least the folowing details:

The number, quantity, measure, weight or gauge of the goods. The name of the producer of the goods. The ingredients of which the goods consist, or material of which the goods are made, including a plain language description of the animal

from which any particles, portions or constituents of meat were derived, e.g. Water Buffalo, Horse and Donkey etc. The mode of manufacturing or producing the goods.

LINKS

MEAT LABELLINGNo. 825 25 October 2013 (Government Gazette 36968)

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PROPOSED LEVY ON THE PIPED-GAS AND PETROLEUM PIPELINE INDUSTRIES FOR 2014/15

KEY WORDS

THE GAS REGULATOR LEVIES ACT, 2002 (NO. 75 OF 2002)

THE PETROLEUM LEVIES ACT, 2004 (NO. 28 OF 2004)

Proposed Levy on the Piped-Gas and Petroleum Pipeline Industries for 2014/15

IN A NUTSHELL

Proposed Levy on the Piped-Gas and Petroleum Pipeline Industries for 2014/15

The National Energy Regulator of South Africa (NERSA or 'the Energy Regulator’), acting under section 2(3)(a) of both the Gas Regulator Levies Act, 2002 (Act No. 75 of 2002) and the Petroleum Pipeline Levies Act, 2004 (Act No. 28 of 2004), hereby publishes the proposed levies on the piped-gas and petroleum pipeline industries for the 2014/15 financial year to bring it to the attention of the stakeholders in the piped-gas and petroleum pipeline industries and invite representations to be made to the Energy Regulator within thirty days of the date of this publication.

NERSA's strategic overview of the Strategic Plan and Annual Performance Plan (2014/15 - 2017/18) with Budget (2014/15) is available on the NERSA website: www.nersa.org.za.

The total NERSA Expenditure Budget amounts to R 324 076 178 for 2014/15 (2013/14: R 275 907 345) with the specific budgets for the three industries being as follows:

Electricity Industry: R181 729 876 (2013/14: R159 225 099)

Piped-gas Industry: R 73 497 604 (2013/14: R 56 942 531)

Petroleum Pipelines Industry: R 68 848 698 (2013/14: R 59 739 715)

The expenditure budget represents an increase of 7.72% over the expenditure budget for the National Energy Regulator for the financial year 2013/14.

In the 2014/15 budget, the levy payable by the licensed generators for the electricity regulation industry will be effectively reduced by a refund of surplus funds to the value of R6 344 195m and interest of R2 194 059m. The piped gas and petroleum pipeline industry levies will be reduced by a refund of surplus funds of R8 346 234 and R1 924 312 respectively and half of R1 588 802 interest receivable.

Taking this into account, the total amount that NERSA will have to recover through levy income is R303 678 577 for 2014/15 (2013/14: R236 785 743) for the three industries being as follows:

Electricity Industry: R173 191 622 (2012/13: R137 043 936)

Piped-gas Industry: R 64 356 969 (2012/13: R 48 808 067)

Petroleum Pipelines Industry: R 66 129 698 (2012/13: R 50 933 740)

Proposed Piped-Gas Levy 2014/15

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The proposed levy to be imposed on the piped-gas industry is 37.930 c/Gj (2013/14: 30.1657 c/Gj) in respect of the amount of gas, measured in Gigajules, delivered by importers and producers to the inlet flanges of transmission and distribution pipelines and will be paid by the person holding the title to the gas at the inlet flange. The levy shall be payable to the National Energy Regulator, as from 01 April 2014 to 31 March 2015, by persons concerned.

The proposed levy was determined based on an estimated volume of 169.6 million Gj per annum and the 2014/15 Annual Performance Plan and Budget requirement, for the regulation of the piped-gas industry, of R64 356 969 against the expenditure of R73 497 604 as documented above.

Proposed Petroleum Pipeline Levy 2014/15

The proposed levy to be imposed on the petroleum pipeline industry is 0.40437 c/litre (2013/14: 0.2878 c/litre) in respect of the amount of petroleum, measured in litres, delivered by importers, refiners and producers to the inlet flanges of petroleum pipelines and will be paid by the person holding the title to the petroleum immediately after it has entered the inlet flange. The levy shall be payable to the National Energy Regulator, as from 01 April 2014 to 31 March 2015, by persons concerned.

The proposed levy was determined based on an estimated volume of 16.3 billion litres per annum and the 2014/15 Annual Performance Plan and Budget requirement, for the regulation of the petroleum pipelines industry, of R66 129 986 against the expenditure of R68 848 698 as documented above.

REFERENCE

NOTICE 1048 OF 2013 (Government Gazette 36959)

NATIONAL ENERGY REGULATOR OF SOUTH AFRICA

NOTICE IN TERMS OF SECTION 2(3)(A) OF BOTH THE GAS REGULATOR LEVIES ACT, 2002 (NO. 75 OF 2002) THE PETROLEUM LEVIES ACT, 2004 (NO. 28 OF 2004)

APPLIES TO IMPACT & ACTION

Applies to:

Electricity Industry:

Piped-gas Industry:

Petroleum Pipelines Industry:

Action:

Representations may be made to the Energy Regulator within thirty days of the date of this publication.

Representations must be addressed to:

Mr Zak LombaardActing Chief Financial OfficerThe National Energy Regulator of South Africa (NERSA)P O Box 40343Arcadia0007

Enquiries to be directed to: the Acting Chief Financial Officer, Mr Zak Lombaard on Tel. No. (012) 401 - 4621 or e-mail to: [email protected].

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MINING : PROPOSED TECHNICAL REGULATIONS FOR PETROLEUM EXPLORATION AND EXPLOITATION

KEY WORDS

MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT, 2002 (ACT No. 28 OF 2002)

PROPOSED TECHNICAL REGULATIONS FOR PETROLEUM EXPLORATION AND EXPLOITATION

IN A NUTSHELL

DRAFT Technical Regulations for Petroleum Exploration and Exploitation under section 107(1) of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002), HAVE BEEN PUBLISHED FOR COMMENT.

OVERVIEW OF THE PROVISIONS

Purpose

To augment the Mineral and Petroleum Resources Development Regulations so as to prescribe standards and practices that will ensure safe exploration and exploitation of petroleum.

Application of Regulations

These Regulations apply to all onshore, and, to the extent applicable, offshore exploration and production operations and must be read with the Act, the Regulations thereto and any other relevant legislation.

Environmental Impact Assessment

Wherever exploration or production activities are being planned that could have an impact on natural resources, or sensitive areas, appropriate studies must be undertaken to assess the potential impacts of such activities on the environment over the full life cycle of the operations.

Assessment of Conditions Below Ground

A holder must assess the geology and geohydrology of the affected area prior to well design using available data and submit a geological overview report at the designated agency.

Water Resource Assessment

A holder must appoint an independent specialist(s) to conduct a hydrocensus as well as identify priority water source areas and domestic aquifer supplies indicated on relevant geohydrological maps for consideration in the impact assessment.

Assessment of Related Seismicity

A holder must, prior to conducting hydraulic fracturing, assess the risk of any potential hydraulic fracturing related seismicity and submit a risk assessment report and mitigation measures to the designated agency for approval and recommendation by the Council for Geoscience.

Site Preparation

All topsoil stripped to facilitate the construction of the well pad and access roads must be stockpiled, stabilized and remain on site for use in either partial or final rehabilitation.

Site Containment

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A holder must at all times, prevent the contamination of the environment by providing a suitably designed impermeable site underlay system and site drainage arrangements.

Radio Astronomy

A holder must comply with all declarations and regulations, promulgated in terms of the Astronomy Geographic Advantage Act, 2007 (Act. No. 21 of 2007) for the protection of astronomy advantage areas declared for radio astronomy purposes.

Optical Astronomy

A holder must comply with all declarations and regulations promulgated in terms of the Astronomy Geographic Advantage Act, 2007 (Act. No. 21 of 2007) for the protection of astronomy advantage areas declared for optical astronomy purposes.

Well Design

A holder must ensure that a well is designed such that it is constructed, equipped, commissioned, operated, modified, maintained, suspended and abandoned in a manner that will provide for control of the well at all times and prevent migration of petroleum and other fluids into any other formation except the targeted formation; pollution of useable groundwater (water containing 10 000 mg/l Total Dissolved Solids); andrisks to health and safety of persons from it or anything in it, or in strata to which it is connected.

Casing Standards

All wells must be cased according to current industry standards published by the API in "5CT Specification for Casing and Tubing" and the casing thread compound and its use must conform to the current API RP 5A3.

Conductor Casing

When conductor casing is used, it must be set and cemented to surface to - stabilize unconsolidated sediments;isolate shallow aquifers that provide or are capable of providing groundwater for water wells and springs in the vicinity of the well; and provide a base for equipment to divert shallow natural gas.

Surface Casing

Surface casing must be set to a depth of 60m below the base of the deepest fresh water or to the top of any petroleum bearing zones, whichever comes first and cemented to surface.

Intermediate Casing

Intermediate casing must be set to protect unexpected fresh water found below the surface casing shoe.

Production Casing

In cases where intermediate casing is not installed, production casing must be run and fully cemented to the surface.

Centralisers

Casing must be centralized in each segment of the wellbore to provide sufficient casing standoff and foster effective circulation of cement to isolate critical zones including aquifers, flow-zones, voids, lost circulation zones and hydrocarbon production zones.

Cement Requirements and Compressive Tests

A holder must notify the designated agency at least 2 days before commencing with casing cementing operations to enable an authorized person to be present during cementation of all casing.

Casing String Tests

After the setting and cementing of a casing string, except the conductor casing, and prior to further drilling, the casing string must be tested with fresh water, mud, or brine to at least the maximum anticipated treatment pressure but no less than 0.22 psi per foot (1.512 kPa per 0.3048 meter) of casing string length or 1,500 psi (10 342.12 kPa), whichever is greater, for at least 30 minutes with less than a 5% pressure loss.

Formation Pressure Integrity Test

A holder must, after a successful casing string test contemplated in regulation 19, conduct a formation pressure integrity test below the surface casing and below all intermediate casing.

Blowout Prevention

A holder must install blowout prevention equipment that meets the current API Std 53 for blowout equipment after setting casing to shutoff a wellhead which must be supported and secured to prevent stresses on all connections.

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Pressure Testing of the Blowout Prevention Equipment

The blowout prevention equipment must be tested to 100% of rated working pressure and the annular-type blowout preventer must be tested to 1,000 psi (6894.76 kPa) at the time of installation in accordance with current API std 53 for blowout equipment.

Well Examination

A holder must include in their well examination scheme the following aspects of well design and operations, including abandonment and hydraulic fracturing operations-groundwater and aquifer isolation;fracture containment; related seismicity risks; fracturing and flow-back/testing programmes and operations; and Independent well examination.

Management of Operations

A holder must appoint competent persons to be responsible for day to day management of the operations in accordance with relevant legislation.

Drilling Fluids

A holder must ensure that drilling operations through shallow soils and local aquifers are always undertaken using water or water-based mud systems the details of which must be declared to the designated agency prior to commencement of drilling operations.

Management of Hydraulic Fracturing General

A holder must not commence with hydraulic fracturing operations before obtaining all the necessary authorizations and permits for any activities associated with hydraulic fracturing which include but are not limited to a water use licence in terms of the National Water Act 1998 (Act No 36 of 1998) and must submit the PLANS to the designated agency and the Department of Water Affairs-

Hydraulic Fracturing Equipment

Equipment used in hydraulic fracturing operations must be fit for purpose and must meet relevant API standards as prescribed in these Regulations.

Mechanical Integrity Tests and Monitoring

Before the commencement of hydraulic fracturing operations, all mechanical integrity tests required under these Regulations must be successfully completed.

Hydraulic Fracturing Fluid Disclosure

A holder must, as part of the impact assessment, submit the following information to the designated agency-fluids and their status as hazardous/non-hazardous substances; material safety data sheet information; volumes of fracturing fluid, including proppant, base carrier fluid and each chemical additive; the trade name of each additive and its general purpose in the fracturing process; each chemical intentionally added to the base fluid, including for each chemical, the Chemical Abstracts Service number, if applicable; and the actual concentration, in percent by mass; possible risk of the above on the environment and water resources; and remediation required if a pollution incident were to occur.

Fracture and Fracturing Fluid Containment

A holder must conduct a risk assessment that describes the control and mitigation measures for fracture containment and submit the risk assessment report to the designated agency.

Fracturing Fluids Management

A holder must minimize environmental, safety and health risks associated with fracturing fluids and additives, assess potential risks and develop a risk management plan for each well to be fractured addressing the following aspects-identification of chemical ingredients and characteristics of each additive; identification of volume and concentration of the substances in the fracturing fluid; assessment of potential environmental and health risks of fracturing fluids and additives; and definition of operational practices and controls for the identified risk.

Management of Flowback and Produced Fluids

A holder must disclose to the designated agency CERTAIN information regarding management and handling of flowback or produced fluids

Transportation of Fluids

A holder must ensure-planning to minimize fluid transport movements and distances; implementation of management procedures to address the risks associated with fluid transport; natural gas is removed from fluids prior to fluids being transported and a system for checking and recording is implemented; fluids are transported to and from the hydraulic fracturing treatment site in accordance with relevant legislation and national standards

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in a manner designed to prevent spillage; and general workforce, including drivers, receive appropriate training and are equipped to respond to emergencies and to implement clean up measures.

Fluids Storage

Areas where any additives, chemicals, oils, fuels are to be stored must have sufficient containment capacity to hold the volume of the largest container stored on site +110% to allow for precipitation, unless the container is equipped with individual secondary containment.

Hydraulic Fracturing Operations

A holder may only proceed with hydraulic fracturing operations after the designated agency has approved the plans and well engineering design contemplated in regulation 26 and all other requirements prescribed by these Regulations have been fully satisfied.

Post Hydraulic Fracturing Report

A holder must compile and submit to the designated agency for review and recommendations a detailed post hydraulic fracturing operation report

Water Balances

A holder in control of any operations must compile a water balance

Protection of Water Resources

A holder must take into cognizance the following, prior to and during all phases of hydraulic fracturing operations-

the operation must not pollute a water resource or reduce such a resource and where such an incident occurs, a holder must implement the necessary remedial measures; the operation must not cause adverse impact to water quality in the water catchment area; and designated and existing uses of water resources are protected and maintained.

Storm Water Management and Control

A holder must implement measures to manage and control storm water runoff in order to prevent transportation of contaminants to water resources.

Water Use

A holder must prepare an integrated water and waste management plan for approval

Fluids Disposal

Fluids that are no longer required must always be disposed of at an approved waste disposal facility in accordance with relevant legislation and disposal to underground is not permitted.

Waste Management

A holder must adhere to the waste management plan contemplated in regulation 26(b) and any relevant legislation when managing waste generated from its operations.

Management of Spillage

Any spillage of hydraulic fracturing fluids or hydraulic fracturing flowback in excess of 50 litres must be reported to the designated agency within 24 hours of occurrence.

Management of Air Quality Fugitive Emissions

A holder must minimise the emissions associated with venting of hydrocarbon fluids and natural gas during hydraulic fracturing operations

Fugitive Dust

A holder must employ practices for control of fugitive dust during hydraulic fracturing operations

Noise Control

Site selection for drilling and hydraulic fracturing operations, including identification of traffic routes, must consider the potential effect of noise pollution on the surrounding environment including sensitive receptors.

Well Suspension

A holder may only suspend a well-after obtaining the approval of the designated agency; and for a period determined by the designated agency.

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Suspended Well Integrity Management

A holder must ensure that management standards and procedures are in place for monitoring all wells that are in suspension phase following drilling and hydraulic fracturing operations prior to development phase, including the status of the equipment and any annulus pressure.

Well Abandonment/Closure

A well that is no longer active, suspended or producing must be plugged and abandoned in accordance with an abandonment plan approved by the designated agency.

REFERENCE

NOTICE 1032 OF 2013 (Government Gazette 36938)

DEPARTMENT OF MINERAL RESOURCES

MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT, 2002

(ACT No. 28 OF 2002)

PROPOSED TECHNICAL REGULATIONS FOR PETROLEUM EXPLORATION AND EXPLOITATION

APPLIES TO IMPACT & ACTION

RE

Applies to:

Persons involved in the exploration and exploitation of petroleum resources, particularly in relation to Hydraulic Fracturing

Impact and Action:

The purpose of the draft regulations is to augment gaps identified in the current regulatory framework governing exploration and exploitation of petroleum resources, particularly in relation to Hydraulic Fracturing and prescribe good international petroleum industry practices and standards that will enhance safe exploration and production of petroleum.

Members of the public and interested and affected parties are invited to submit written input and comments to the Minister within 30 days of publication of this notice. Comments must be addressed as follows;

By post to: The Director General: Mineral ResourcesAttention: Dr. Thibedi RamontjaPrivate Bag X 59Pretoria, Acardia, 0007

By E-mail to: [email protected] delivered at: 70 Mentjies streets,

Trevena Office Campus, building 2B.

Comments received after the closing date may not be considered.

LINKS

TECHNICAL REGULATIONS FOR EXPLORATION AND EXPLOITATION2013, October

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NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT, 2004 REGULATIONS PRESCRIBING THE FORMAT OF THE ATMOSPHERIC IMPACT REPORT

KEY WORDS

NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT, 2004 (ACT NO. 39 OF 2004)

REGULATIONS PRESCRIBING THE FORMAT OF THE ATMOSPHERIC IMPACT REPORT

IN A NUTSHELL

Take note of the final Regulations prescribing the format of the Atmospheric Impact Report, in terms of section 53(o) read with section 30 of the National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004)

NB: Please complete all sections. Attach required maps and sketches. Graphics must be clear, labelled and, where applicable, should include a true north arrow and scale.

1. ENTERPRISE DETAILS

The report must contain the enterprise details section that provides accurate, complete, current information on the following:

1.1. Enterprise Details

Enterprise NameTrading AsType of Enterprise, e.g. Company/Close Corporation/TrustCompany/Close Corporation/Trust Registration Number (Registration Numbers if Joint Venture)Registered AddressPostal AddressTelephone Number (General)Fax Number (General)Industry Type/Nature of TradeLand Use Zoning as per Town Planning SchemeLand Use Rights if outside Town Planning SchemeResponsible PersonEmission Control OfficerTelephone NumberCell Phone NumberFax NumberE-mail AddressAfter Hours Contact Details

1.2. Location and Extent of the Plant

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Physical Address of the PlantDescription of Site (Where No Street Address)Coordinates of Approximate Centre of Operations North-south: East-west:Extent (km2)Elevation Above Mean Sea Level (m)ProvinceMetropolitan/District MunicipalityLocal MunicipalityDesignated Priority Area (if applicable)

Description of surrounding land use (within 5 km radius)

Provide a description of the surrounding land use within a 5 km radius, specifically noting the names and proximity of residential and commercial areas in relation to the site of works. This information can be obtained from topographical maps, local land use planning offices or other electronic resources.

Attach legible map(s), satellite image(s) or aerial photograph(s) in colour, detailing location of the plant in relation to surrounding community.

1.3. Atmospheric Emission Licence and Other Authorisations

List the atmospheric emission licence number relating to the listed activity or activities undertaken at the plant, and all other authorisations, permits, licences related to air quality management.

2. NATURE OF THE PROCESS

2.1. Listed Activity or Activities

Category of Listed Activity

Sub-category of the Listed Activity Description of the Listed Activity

2.2. Process Description

Provide a detailed description of the entire production process undertaken at the plant, including reference to the overall balance sheet inputs, outputs and emissions. Attach a process flow diagram that illustrates the inputs, outputs and points of emissions.

2.3. Unit Processes

Name of the Unit Process Unit Process Function Batch or Continuous Process

Note: In the event of confidential or proprietary information being disclosed, this matter will be handled on a case by case basis. The regulator reserves the right to request proof of a confidentiality or proprietary supply agreement. Failure to provide sufficiently detailed information to allow the air quality officer to make an informed decision may result in delays in the processing or even rejection of the Atmospheric Impact Report.

3. TECHNICAL INFORMATION

3.1. Raw Materials Used

Provide accurate information on raw materials used at the plant:

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Raw Material Type Design Consumption Rate (quantity) Units (quantity/period)

3.2. Appliances and Abatement Equipment Control Technology

Provide information on appliances used at the plant:

Appliance Name Appliance Type / Description Appliance Function / Purpose

Note: In the event of confidential or proprietary information being disclosed, this matter will be handled on a case by case basis. The regulator reserves the right to request proof of a confidentiality or proprietary supply agreement. Failure to provide sufficiently detailed information to allow the air quality officer to make an informed decision, may result in delays in the processing or even rejection of the Atmospheric Impact Report.

4. ATMOSPHERIC EMISSIONS

This paragraph must provide the following information:

4.1. Point source parameters

List the location of all point source parameters, only considering those point sources that emit the pollutant/s identified in the Section 21 regulations for that specific listed activity:

Point source number

Point source name

Point source

coordinates

Height of

release above ground

(m)

Height above nearby

building (m)

Diameter at stack tip / vent exit (m)

Actual gas exit

temperature (°C)

Actual gas volumetric flow (m3/hr)

Actual gas exit velocity

(m/s)

Type of emission

(continuous / batch)

4.2. Point source maximum emission rates (normal operating conditions)

Point source number

Point source name (as in paragraph 4.1.

above)Pollutant

nameAverage emission rate Duration of

emissions(mg/Nm3) Averaging period

4.3. Point source maximum emission rates (start-up, shut-down, upset and maintenance conditions)

Provide a description of start-up, shut-down, upset and maintenance operating conditions with specific reference to the emissions profile that will be expected for the pollutant/s identified in the Section 21 regulations for that specific listed activity. Provide an estimated raw gas emission rate for each of these operating conditions.

Provide a summary of the frequency of start-up, shut-down, upset and maintenance operating conditions experienced over the last 2 years.

4.4. Fugitive emissions (area and or line sources)

Describe and quantify fugitive emissions at the plant, including, but not limited to:

(a) emissions from stockpiles, haul roads, conveyors, crushers, material handling;

(b) evaporation losses from storage tanks, transfer stations, effluent treatment works, dams, etc.; and

(c) current and approved planned measures to manage or mitigate each source of fugitive emission.

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The sub-paragraph must clearly set out source locations, dimensions and temporal variations in emissions for the pollutant/s identified in the Section 21 regulations for that specific listed activity. Technically sound methods must be used in quantifying fugitive emissions. The methods used to quantify fugitive emissions must be documented and the margin of uncertainty indicated.

4.5. Emergency Incidents

Provide a summary of emergency incidents in the last 2 years resulting in atmospheric emissions, including:

(a) Nature and cause of the incident;

(b) Actions undertaken immediately following the incident to minimise impact; and

(c) Actions undertaken subsequently to reduce the likelihood of reoccurrence.

5. IMPACT OF ENTERPRISE ON THE RECEIVING ENVIRONMENT

5.1. Analysis of Emissions' Impact on Human Health

In order to assess the atmospheric impact of the facility on human health a dispersion modelling exercise must be undertaken. Any dispersion modelling study undertaken as part of an Atmospheric Impact Report must be done in accordance with the National Air Quality Modelling Guidelines specified for regulatory purposes - developed in terms of section 53 of AQA. The impact assessment should take the emissions of the facility under consideration as well as prevailing ambient air concentrations into account during this assessment. A compliance assessment must be undertaken using the national ambient air quality standards, specifically in residential areas and other areas where human exposure could occur.

5.2. Analysis of Emissions' Impact on the Environment

In order to assess the atmospheric impact of the facility on the environment a dispersion modelling exercise may be undertaken at the discretion of an Air Quality Officer. Any dispersion modelling study undertaken as part of an Atmospheric Impact Report must be done in accordance with the national air quality modelling guidelines specified for regulatory purposes. The impact assessment should take the emissions of the facility under consideration into account as well as prevailing ambient air concentrations during this assessment. An environmental assessment may include but is not limited to the following aspects:

(a) Soil;

(b) Water Bodies (rivers, dams, lakes); and

(c) Commercial Agriculture Operations

6. COMPLAINTS

Provide details on any complaints the plant has received in respect of air pollution in the last 2 years. The summary of complaints must detail the frequency, nature and source of the complaint as well as all measures taken in response to these complaints.

7. CURRENT OR PLANNED AIR QUALITY MANAGEMENT INTERVENTIONS

Provide an overview of any approved air quality management improvement interventions currently being implemented for the facility and those scheduled for the next 5 years. Please indicate the envisaged emission reduction that will be achieved from these interventions.

8. COMPLIANCE AND ENFORCEMENT HISTORY

The AIR must set out all air quality compliance and enforcement actions undertaken against the enterprise in the last 5 years. This may include, amongst others, directives, compliance notices, interdicts, prosecution, fines.

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9. ADDITIONAL INFORMATION

Please submit any additional documentation in relation to this Atmospheric Impact Report which you wish to draw to the attention of the responsible Air Quality Officer.

10. FORMAL DECLARATIONS

10.1. A declaration of accuracy of information must be submitted by all applicants in the form contained in Annexure A to these Regulations.

10.2. A declaration of independence must be submitted by all practitioners preparing Atmospheric impact Reports in the form contained in Annexure B to these Regulations.

ANNEXURE A

DECLARATION OF ACCURACY OF INFORMATION - APPLICANT

Name of Enterprise:

Declaration of accuracy of information provided:

Atmospheric Impact Report in terms of section 30 of the Act.

I, [duly authorised], declare that the information provided in this atmospheric impact report is, to the best of my knowledge, in all respects factually true and correct. I am aware that the supply of false or misleading information to an air quality officer is a criminal offence in terms of section 51(1)(g) of this Act.

Signed at on this day of

(Signed)

SIGNATURE

(Signed)

CAPACITY OF SIGNATORY

ANNEXURE B

DECLARATION OF INDEPENDENCE - PRACTITIONER

Name of Practitioner:

Name of Registration Body:

Professional Registration No.:

Declaration of independence and accuracy of information provided:

Atmospheric Impact Report in terms of Section 30 of the Act.

I, , declare that I am independent of the applicant. I have the necessary expertise to conduct the assessments required for the report and will perform the work relating the application in an objective manner, even if this results in views and findings that are not favourable to the applicant. I will disclose to the applicant and the air quality officer all material information in my possession that reasonably has or may have the potential of influencing any decision to be taken with respect to the application by the air quality officer. The information provided in this atmospheric impact report is, to the best of my knowledge, in all respects factually true and correct. I am aware that the supply of false or misleading information to an air quality officer is a criminal offence in terms of section 51(1) (g) of this Act.

Signed at on this day of

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SIGNATURE

CAPACITY OF SIGNATORY

REFERENCE

No. 747 11 October 2013 (Government Gazette 36904)

NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT, 2004(ACT NO. 39 OF 2004)

REGULATIONS PRESCRIBING THE FORMAT OF THE ATMOSPHERIC IMPACT REPORT

APPLIES TO IMPACT & ACTION

RE Applies to:

In terms of section 30 of NEM:AQA, an air quality officer may require any person to submit to the air quality officer an atmospheric impact report in a prescribed form if—

(a) the air quality officer reasonably suspects that the person has on one or more occasions contravened or failed to comply with this Act or any conditions of a licence and that such contravention or failure has had, or may have, a detrimental effect on the environment, including health, social conditions, economic conditions, ecological conditions or cultural heritage, or has contributed to the degradation of ambient air quality; or

(b) a review of a provisional atmospheric emission licence or an atmospheric emission licence is undertaken in terms of section 45.

Impact and action:

Where required to submit an atmospheric impact report, ensure that same complies with the prescribed format set out above.

LINKS

FORMAT OF THE ATMOSPHERIC IMPACT REPORTNo. 747 11 October 2013 (Government Gazette 36904)

End

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