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Environment Conservation Act, 1989 (Act No. 73 of 1989)

Regulations

Noise Control

2. Powers of a local authority

 

A local authority may-

 

a) for the purposes of applying these Regulations, at any reasonable time enter a premises without prior notice-
i) to conduct any appropriate examination, enquiry or inspection as it may deem expedient thereon; and
ii) to take any steps it may deem necessary;

 

b) in order to determine whether a vehicle using any road in the area of jurisdiction of that local authority, including a private, provincial or national road crossing its area of jurisdiction, complies with the provisions of these Regulations, instruct the owner or person in control of the vehicle-
i) to have any appropriate inspection or test as such authority may deem necessary conducted on the vehicle on a date and at a time and place determined by the local authority in writing;
ii) to stop the vehicle or cause it to be stopped;
iii) to have any appropriate inspection or test as such authority may deem necessary conducted on the vehicle;

 

c) if a noise emanating from a building, premises, vehicle, recreational vehicle or street is a disturbing noise or noise nuisance, or may in the opinion of the local authority concerned be a disturbing noise or noise nuisance, instruct in writing the person causing such noise or who is responsible therefore, or the owner or occupant of such building or premises from which or from where such noise emanates or may emanate, or all such persons, to discontinue or cause to be discontinued such noise, or to take steps to lower the lever of the noise to a level conforming to the requirements of these Regulations within the period stipulated in the instruction: Provided that the provisions of this paragraph shall not apply in respect of a disturbing noise or noise nuisance caused by rail vehicles or aircraft which are not used as recreational vehicles;

 

d) before changes are made to existing facilities or existing uses of land or buildings, or before new buildings are erected, in writing require that noise impact assessments or tests are conducted to the satisfaction of that local authority by the owner, developer, tenant or occupant of the facilities, land or buildings or that, for the purposes of regulation 3(b) or (c), reports or certificates in relation to the noise impact to the satisfaction of that local authority are submitted by the owner, developer, tenant or occupant to the local authority on written demand;

 

e) if excavation work, earthmoving work, pumping work, drilling work, construction work or demolition work or any similar activity, power generation or music causes a noise nuisance or a disturbing noise, instruct in writing that such work, activity, generation or music be forthwith discontinued until such conditions as the local authority may deem necessary have been complied with;

 

f) designate a controlled area in its area of jurisdiction or amend or cancel an existing controlled area by notice in the Official Gazette concerned;

 

g) if the owner or person in charge of an animal fails to comply with an instruction referred to in paragraph (c), subject to the appropriate provisions of any other law, impound or cause to be impounded such animal;

 

h) subject to the provisions of regulation 8 and the appropriate provisions of any other law, attach a vehicle if the sound level of such vehicle exceeds the sound level referred to in regulation 3(j) by more than 5 dBA;

 

i) in writing request the owner or person in control of a plant referred to in regulation 3(k) to furnish forthwith proof to its satisfaction that the plan shall not cause a disturbing noise;

 

j) impose such conditions as it may deem fit when granting any permission or exemption in terms of these Regulations;

 

k) incorporate conditions in relation to noise control with the establishment of a new township, in order to implement the objectives of the Act;

 

l) subject to the appropriate provisions of any other law, place or cause to be placed measuring instruments or similar devices, road traffic signs or notices at any place within its area of jurisdiction for the enforcement of the provisions of these Regulations: Provided that road traffic signs and notices be placed on private property only with the permission of the owner;

 

m) designate zone sound levels for specific areas and for specific times by notice in the Official Gazette concerned.