Apply for an atmospheric emissions licence
If your facility is conducting a listed activity in terms of the Air Quality Act, you will need to apply for an Atmospheric Emissions Licence (AEL).
How to apply
Disclaimer:
The Acts referenced on this page are the property of National Government and were the most recent available at the time of upload. If you are unable to access the links to the documents provided below, please visit:
https://www.gov.za/
You will need an AEL before undertaking activities listed in terms of section 21 of the
Air Quality Act 39, 2004.
To be granted an AEL, you will need to submit an application via the South African Atmospheric Emission Licensing Portal (SAAELIP). Please engage with the Air Quality Management Unit before lodging your submission.
The type of application for which you are applying will determine which application process you need to follow.
Step 1: Contact the head of Specialised Environmental Health (Air Quality) to make an appointment. They will advise on the processes and documents that are required to apply for your specific activities.
You can contact them on
021 444 2914 .
Step 2: Depending on your facility’s activities, the Western Cape Government's Department of Environmental Affairs and Development Planning may require you to go through an Environmental Impact Assessment (EIA) application process.
You will also need to provide the following along with your application:
- An Environmental Impact Assessment, conducted by an independent Environmental Assessment Practitioner (EAP)
- An air quality impact study
- A public participation process plan
- An AEL application
- AEL application fees (to be paid)
- Inspection of facility (to be arranged)
The City will appoint a case officer to deal with your application process.
The application for the licence must also comply with section 24 of the
National Environmental Management Act, and section 22 of the
Environmental Conservation Act.
The air quality officer will send a letter acknowledging the receipt of the application within 14 days and an application fee invoice will be generated for payment prior to processing your application.
Before submitting the application, your appointed EAP will need to undertake a public participation process on your behalf.
The application will need to be advertised in two newspapers circulating in the area where your activity will be taking place, inviting comments from interested and affected parties.
On conclusion of the 30-day commenting period your EAP will need to compile a comments and responses report for submission with your application.
The City will either grant or refuse the application within 60 days and issue a provisional AEL, or an AEL requiring all other environmental authorisations to be in place.
Please note
If the air quality officer fails to grant your application within 60 days, they will inform you that the waiting period has been extended and will let you know the date by which they will make their decision.
All new applications will first be issued with a provisional AEL which is valid for one year. Within this period the applicant must demonstrate full compliance with the conditions of the AEL before an AEL is finally granted.
If your application is unsuccessful, the officer will send you a notice stating why your application was rejected.
Appeal an application decision
Anyone may appeal a decision made by the air quality officer, whether they granted or rejected an application for an AEL, in accordance with Section 62 of the
Municipal Systems Act, 32, 2000.
If you would like to appeal, you must contact the City Manager within 21 days of the date that the notice was received.
You can email your appeal to
msa.appeals@capetown.gov.za or post your written appeal to:
The Legal Compliance unit
Private Bag X9181
Cape Town
8000
or deliver it by hand to:
The Legal Compliance unit
Office of the City Manager
City of Cape Town
20th floor, 2 Bay side
Tower Block
Alternatively, you can also submit your appeal by faxing it to
021 400 2503 or
021 400 3788.
Please note
If you are the holder of either a provisional AEL or an AEL, and you are selling the business that required the licence, the existing owner must make an application to transfer the licence into the new owner’s name.
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