On 2 April 2015, the Minister of Environmental Affairs published National Atmospheric Emission Reporting Regulations in terms of the National Environmental Management: Air Quality Act 39 of 2004 (the Reporting Regulations). The Reporting Regulations require, amongst other things, that certain categories of persons (classified as data providers) register on the National Atmospheric Emissions Inventory System (NAEIS) within 30 days of the Reporting Regulations coming into effect, i.e. by 2 May 2015.
The persons who are required to register (data providers) are:
- Holders of Atmospheric Emissions Licences (or provisional licenses);
- Declared controlled emitters (which currently includes certain small boilers and temporary asphalt plants);
- Mines holding a mining right in terms of the Mineral and Petroleum Resources Development Act 28 of 2002; and
- Facilities identified in terms of municipal by-laws.
The Annexure to the Reporting Regulations also identifies the reporting requirement and the relevant authority in respect of the above categories.
It must be noted that it is an offence to fail to register in terms of the Reporting Regulations and on conviction a person could be liable to a penalty not exceeding R5 million or imprisonment not exceeding 5 years (in the case of a first conviction). It is also an offence to (amongst others) fail to – notify the authority of a change in registration details; report or submit the required information; or keep record of the information submitted and such contraventions could carry a similar penalty.