On 5 June 2015 in Government Gazette 38857 Notice Number 541 the Minister of Environmental Affairs published for public comment the draft National Greenhouse Gas (GHG) Emission Reporting Regulations under the National Environmental Management: Air Quality Act 39 of 2004 (NEM: AQA).

The purpose of the draft Regulations is to introduce a single national reporting system for the reporting of GHG emissions which will be used –

·       to inform policy formulations;

·    for the Republic of South Africa to meet its obligations under the United Framework Convention on Climate Change and any other international treaties to which it is bound; and

·       to establish and maintain a national greenhouse gas inventory.

According to regulation 3(1), the draft Regulations shall apply to the categories of emission sources listed in Annexure 1 and corresponding data providers as classified in regulation 4 of the draft Regulations.

Regulation 4 classifies data providers as follows:

·     Category A: any person conducting an activity listed in Annexure 1 to these Regulations; and

·     Category B: any organ of state, research institution or academic institution, which holds GHG emissions data arising from an activity listed in Annexure 2 to these Regulations.

However, the competent authority may identify additional emission sources and associated data providers and, in writing, request such data providers to register and to submit data for their emissions within a period to be specified by the competent authority.

Annexure 1 of the draft Regulations lists the activities resulting in GHG emissions which must be reported to the competent authority and includes specified activities in the energy fuel, industrial process, agricultural, forestry and other land use and waste sectors.

Regulation 5 of the draft Regulations further requires data providers to register on the National Atmospheric Emission Inventory System (NAEIS) within 30 days after the commencement of these Regulations or the commencement of a listed activity.

In terms of regulation 7(1) Category A data providers must submit the total greenhouse gas emissions arising from each ofthe activities as set out in Annexure 1 to these Regulations for the preceding calendar year, to the NAEIS by 31 March of each year.

A data provider must also in accordance with regulation 11 of the draft Regulations keep a record of the information submitted to the NAEIS for five years and such record must, on request, be made available for inspection by the competent authority.

Members of the public may submit written comments within 60 days of publication of the notice in the Government Gazette to the Director-General of the Department of Environmental Affairs.

Written by Warburton Attorneys