nkangala district municipality · 2019-10-11 · comments on ael process public participation on...
TRANSCRIPT
Victor Khanye
Dr JS Moroka
Emakhazeni
Emalahleni
Steve Tshwete
Thembisile
14th Air Quality Governance
LekgotlaProtea Hotel by Marriot Stellebosch,
Technopark
02 October 2019
Stanford Mofore
Nkangala
District Municipality
OUTLINE OF PRESENTATION
1) Atmospheric Emission Licensing (AEL) Process on
SAAELIP
2) Comments on AEL Processing (SAAELIP)
3) AEL Transfer Or Change of AEL Holder Details
4) NEMAQA Sec 21 Listed Activities and SAAELIP
5) Appeals of Issued AELs
6) Air Pollution Complaints
7) Air Quality Management Challenges
8) Conclusion
AEL PROCESS ON SAAELIP
AEL PROCESS ON SAAELIP cont…
AEL PROCESS THROUGH SAAELIP
Cont…
COMMENTS ON AEL PROCESS
Public Participation on AEL Renewal Application
• Applicants are not notifying other organs of State
i.e. local, provincial and national departments
• Applicants are oftenly reminded to publish in
two local newspapers
AEL draft generated produces a Microsoft
Document that requires a lot of time to format
COMENTS ON AEL PROCESS
Cont…
AEL drafts generated without information on all
sections
COMMENTS ON AEL PROCESS CONT… Preparation of a draft AEL (Desired after ADD NEW)
COMMENTS ON AEL PROCESS Cont…
Preparation of a draft AEL (Not Desired after ADD NEW)
COMMENTS ON AEL PROCESS CONT…
It is better using sections than paragraphs
AEL TRANSFER OR CHANGE OF AEL
HOLDER DETAILS
Sec 44 (5)
(5) When considering an application for the transfer of a
licence, the licensing authority must take into account all
relevant matters, including whether the person to whom
the licence is to be transferred is a fit and proper person
as contemplated in section 49.
Sec 49
49. Criteria for fit and proper persons.—In order to
determine whether a person is a fit and proper person for
the purposes of an application in terms of this Chapter, a
licensing authority must take into account all relevant
facts, including whether—
AEL TRANSFER OR CHANGE OF AEL
HOLDER DETAILS Cont…(a) that person has contravened or failed to comply with this
Act, the Atmospheric Pollution Prevention Act or any other
legislation applicable to air quality;
(b) that person has held a provisional atmospheric emission
licence, an atmospheric emission licence or other authority
that has been suspended or revoked;
(c) that person has been a director or senior manager who is or
was a director or manager of a company, a juristic person or
firm to whom paragraph (a) or (b) applies; or[Para. (c)
substituted by s. 49 of Act No. 14 of 2009 and by s. 10 of Act
No. 20 of 2014.]
(d) the management of the listed activity which is the subject
of the application will or will not be in the hands of a
technically competent person.
NEMAQA SEC 21 ACTIVITIES
WITHOUT MES Activities without Minimum Emission Standards are
difficult to submit on SAAELIP
Experienced difficulties with Listing 10 (Animal Matter
Rendering) and 4.15 (Metallurgical Production of Asernic,
Antimony, Beryllium Silicon and their compounds by
application of heat
NEMAQA SEC 21 ACTIVITY
WITHOUT MES Cont…
Eclectically Powered boiler Anglocoal
Mafube briquetting
APPEALS OF ISSUED AELs
Appeal against Eskom Kusile Power Station and Engen
This appeal was resolved by laywers
Centre for Environmental Rights Appeal on transfer of
Anglocoal Khanyisa Power Station to ANCWA Power
Station
This matter was resolved through appeal board
AIR POLLUTION COMPLAINTS
Methane gas from mine complaint
Shanduka Weighbridge complaint
Middelburg Extension 18 dust complaint
AIR QUALITY MANAGEMENT
CHALLENGES Delays in AEL draft commenting
Poor commenting on AEL drafts resulting in request for
AEL variation e.g. poor representation of process flow
Facility with Continuous Emission Monitoring challenging
periodic monitoring
Inconsistence of Licensing Authorities
MES compliance postponement
Other sources of atmospheric emissions i.e. burning of
waste and tyres, poor mine rehabilitation, industrial
material (fine material) handling and product crushing
AIR QUALITY MANAGEMENT
CHALLENGES Cont…
Mining facilities attending HPA ITT have reduced
CONCLUSION
Quality Control – licensing should ensure that procedure
is adhered to and the AELs reach their objectives
There is a requirement for continuous revision of the Sec
21 Regs and the Act
Others sources of pollution require attention
