Older Persons Act, 2006
R 385
Environment Conservation Act, 1989 (Act No. 73 of 1989)RegulationsNoise Control3. General prohibition |
No person shall-
| a) | establish a new township unless the lay-out plan concerned, if required by a local authority, indicates in accordance with the specifications of the local authority, the existing and future sources of noise, with concomitant dBA values which are foreseen in the township for a period of 15 years following the date on which the erection of the buildings in and around the township commences; |
| b) | erect educational, residential, flat, hospital, church or office buildings in an existing township within a controlled area, unless acoustic screening measures have been provided in the building to limit the reading on an integrating impulse sound level meter, measured inside the building after completion, to 40 dBA: Provided that any air-conditioning or ventilating system shall be switched off during the course of such noise measurements; |
| c) | make changes to existing facilities or existing uses of land or buildings or erect new buildings, if it shall in the opinion of a local authority house or cause activities which shall, after such change or erection, cause a disturbing noise, unless precautionary measures to prevent the disturbing noise have been taken to the satisfaction of the local authority; |
| d) | build a road or change an existing road, or alter the speed limit on a road, if it shall in the opinion of the local authority concerned cause an increase in noise in or near residential areas, or office, church, hospital or educational buildings, unless noise control measures have been taken in consultation with the local authority concerned to ensure that the land in the vicinity of such road shall not be designated as a controlled area; |
| e) | situate educational, residential, hospital or church within a controlled area in a new township or an area which has been rezoned: Provided that such situation may be allowed by the local authority concerned in accordance with the acoustic screening measures mentioned by that local authority in the approved building plans; |
| f) | fail to comply with a directive, instruction or notice issued by a local authority in terms of these Regulations; |
| g) | notwithstanding the provisions of paragraph (h), stage an organised open-air music festival or similar gathering without the prior consent in writing of a local authority; |
| h) | subject to the provisions of regulations 4 and 5(a), operate or play a radio, television set, gramophone, recording device, drum, musical instrument, sound amplifier or similar device producing, reproducing or amplifying sound, or allow it to be operated or played, in a public place, if the noise level, measured at any point which may be occupied by a member of the public, exceeds 95 dBA, unless the following warning is displayed in both official languages and in legible form in a conspicuous place at each entrance to such place: |
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WARNING: |
SOUND LEVELS INSIDE MAY CAUSE PERMANENT HEARING DAMAGE |
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WAARSKUWING: |
KLANKPEILE BINNE KAN PERMANENTE GEHOORSKADE VEROORSAAK; |
| i) | use any power tool or power equipment for construction, earth drilling or demolition works, or allow it to be used, in a residential area during the following periods of time: |
| i) | Before 06:00 and after 18:00 from Monday to Saturday; and |
| ii) | at any time on any Sunday, Good Friday, Ascension Day, Day of the Covenant and Christmas Day, or any other day as may be determined by a local authority; |
| j) | drive a vehicle, or allow it to be driven, on a public road, if the sound level at the measuring point measured in accordance with the procedure prescribed in SABS 0181-1981, titled: "Code of Practice for the measurement of noise emitted by road vehicles when stationary", published under General Notice No. 463 of 9 July 1982, exceeds the sound level indicated in the second or third column, as the case may be, of the following table opposite to the type of vehicle indicated in the first column of that table: |
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Type of vehicle |
Sound level dBA up to and including 1992-01-01 |
Sound level dBA after 1992-01-01 |
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Two and three-wheeled vehicles |
95 |
95 |
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Vehicles with spark ignition and with four or more wheels used for the conveyance of passengers or goods |
99 |
96 |
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Vehicles with diesel engines and not equipped with an engine brake |
109 |
105 |
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Vehicles with diesel engines and equipped with an engine brake: |
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109 |
105 |
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109 |
109 |
| k) | if required by a local authority, install, replace or modify a plant with a total input power exceeding 10 kilowatts on any premises, unless the local authority has been notified by the owner of the plant in writing at least 14 days before such installation, replacement or modification of- |
| i) | the particulars of the plant; |
| ii) | the number, street address and title deed description of the premises concerned; and |
| iii) | the nature of and the date on which the installation, replacement or modification shall commence: |
Provided that if an existing plant had to be replaced by necessity without preceding notification to the local authority, the local authority shall be notified thereof by the owner of the plant in writing within 14 days after the replacement of the plant;
| l) | tamper with, remove, put out of action, damage or impair the functioning of a noise monitoring system, noise limiter, noise measuring instrument, acoustic device, road traffic sign or notice, placed in a position by or on behalf of a local authority; |
| m) | for the purposes of these Regulations in respect of a duly authorised employee of a local authority-- |
| i) | fail or refuse to grant admission to such employee to enter and to inspect a premises; |
| ii) | fail or refuse to give information which may lawfully be required of him to such employee; |
| iii) | hinder or obstruct such employee in the execution of his duties; or |
| iv) | give false or misleading information to such employee knowing that it is false or misleading. |
