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National Ports Act, 2005 (Act No. 12 of 2005)

Rules

Ports Rules

Chapter 4 : Protection of the Environment

95. The emission of fumes or smoke

 

(1) The master of a vessel in a port must take all necessary precautions to avoid the emission of excessive fumes or smoke from his or her vessel.

 

(2) No master of a vessel in a port may permit the emission of fumes, smoke or atmospheric pollutants from the vessel that violates the National Environment Management: Air Quality Act No. 39 of 2004 or any other applicable law.

 

(3) The provisions of sub-rule (2) do not apply —
(a) to smoke emanating from a vessel within 5 minutes during the start-up period;
(b) while the smoke-producing appliance is being overhauled if the emission cannot reasonably be prevented; or
(c) during the period of any breakdown or disturbance of an appliance.

 

(4) All persons must comply with the applicable legislation relating to pollution, including the National Environmental Management: Air Quality Act No. 39 of 2004.