The instrument through which the South African government seeks to tackle air quality manage- ment issues is the National Environmental Management: Air Quality Act (NEM:AQA), No 39 of 2004, which came into full operation on April 1, 2010.

The new regime represented by the NEM:AQA operates within the context of the overarching framework for national environmental governance established by the National Environmental Management Act (Nema), No 107 of 1998, says law firm Warburton Attorneys attorney Gillian Arenstein.

The aims of the NEM:AQA include protecting the environment by providing reasonable measures for the protection and enhancement of the quality of air in South Africa, as well as the prevention of air pollution and ecological degradation.

The Act also aims to secure ecologically sustainable development while promoting justifiable economic and social develop-ment.

Innovations in air quality management introduced by the NEM:AQA include the use of ambient air quality standards, as well as the more traditional air quality management process of exclusively point-source control of emissions.

Further, it confirms the municipal level of government as the main actor in day-to-day air quality management and the importance of cooperative governance when the provincial and national levels of government become relevant.

Another innovation is the establishment of several legal measures to deal with air quality management issues.

“One such air quality manage- ment measure is the potential for the declaration of priority areas within which priority area management plans shall be implemented,” she says.

Priority areas may be declared if ambient air quality standards are being exceeded or any other situation exists which, in the opinion of the Environmental Affairs Minister or the relevant Members of the Executive Council responsible for air quality matters in a particular province, is, or may cause, a significant negative impact on air quality, and the area requires specific air quality manage- ment action to rectify the situa- tion.

Further, the process of establishing a priority area requires the publication, in the government gazette, of the intention to declare a particular geographical area a priority area.

A priority area air quality management plan is then prepared, which is aimed at coordi-nating air quality management in the area of intended priority designation.

“This plan must deal with issues related to air quality and provide for the plan’s implementation by a committee of relevant stakeholders,” says Arenstein.

The preparation of the plan is undertaken by the national air quality officer, in consultation with the relevant provincial air quality officers and stakeholders located in the area whose activities will be affected by the operation of the plan.

Prior to the plan being approved by the Minister, a further consultative process must be undertaken. This consultative process has been evident of late with the publication of the Notice of Intention to Consider for Approval the Highveld Priority Area Air Quality Management Plan (GG 34250, GNR270 of May 5, 2011), says Arenstein.

The declaration of the Highveld Priority Area occurred on November 23, 2007.

The declaration of priority areas in terms of the NEM:AQA allows for the concentration of limited air quality management resources (human, technical and financial) to be directed to those areas most in need of such resources.

“It is clear that government is determined, in future, to monitor more vigilantly emitting industries, with the view to achieving higher standards of legal compliance with the requirements of the NEM:AQA. This elevated level of accountability is likely to lead to increased operating costs for emitting industries,” she notes.

In this context, Arenstein continues, it is recommended that such industries familiarise themselves with the provisions of the NEM:AQA, seek to under- stand how the NEM:AQA will affect their operations and seek informed legal and technical expertise in dealing with the consequences of such effects.