Creecy, Collis said, had a legal duty to prescribe regulations under section 20 of the Air Quality Act to implement and enforce the Highveld Priority Area air quality management plan. “It is declared that the minister has unreasonably delayed in preparing and initiating regulations to give effect to the Highveld plan,” the judge said.
The application also challenges Collis’s order that Creecy, in preparing the regulations, among others, needs to give legal effect to the goals of the Highveld Plan, coupled with appropriate penalties for noncompliance, and for enhanced monitoring of atmospheric emissions in the priority area. “Indeed, I regard it as important, to ensure that the process of regulation-making is as Inclusive and cooperative as possible. The need for engagement with all Interested and affected parties is crucial if a practical and viable way forward is to be found.”
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