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

Preamble

 

WHEREAS the quality of ambient air in many areas of the Republic is not conducive to a healthy environment for the people living in those areas let alone promoting their social and economic advancement;

 

AND WHEREAS the burden of health impacts associated with polluted ambient air falls most heavily on the poor;

 

AND WHEREAS air pollution carries a high social, economic and environmental cost that is seldom borne by the polluter;

 

AND WHEREAS atmospheric emissions of ozone-depleting substances, greenhouse gases and other substances have deleterious effects on the environment both locally and globally;

 

AND WHEREAS everyone has the constitutional right to an environment that is not harmful to their health or well-being;

 

AND WHEREAS everyone has the constitutional right to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that—

(a) prevent pollution and ecological degradation;
(b) promote conservation; and
(c) secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development;

 

AND WHEREAS minimisation of pollution through vigorous control, cleaner technologies and cleaner production practices is key to ensuring that air quality is improved;

 

AND WHEREAS additional legislation is necessary to strengthen the Government’s strategies for the protection of the environment and, more specifically, the enhancement of the quality of ambient air, in order to secure an environment that is not harmful to the health or well-being of people,

 

BE IT THEREFORE ENACTED by the Parliament of the Republic of South Africa, as follows:—