This By-law was repealed on 2021-10-13 by Air Pollution Control.
Air Pollution Control By-law, 2011
- Published in Gauteng Provincial Gazette 96 on 25 May 2011
- Commenced on 25 May 2011
- [This is the version of this document from 25 May 2011 and includes any amendments published up to 29 June 2023.]
- [Repealed by Air Pollution Control on 13 October 2021]
Definitions and interpretation
1. DefinitionsIn these By-laws, unless the context otherwise indicates –"activity" means any activity which results in any emission that causes or may cause air pollution;"air pollutant" means any substance specified in the definition of “air pollution” that causes or may cause air pollution;"air pollution " means any change in the composition of the air caused by smoke, soot, dust, fly ash, cinders, solid particles of any kind, gases, fumes, aerosols and odorous substances;"air quality officer" means the officer designated by the Council in terms of section 14(3) of the Act;"atmosphere" means air that is not enclosed by a building, machine, chimney or other structure enclosing air;"authorised official" means any employee of the Council authorised by it to implement and enforce any provision of these By-laws, acting within the scope of that authorisation and includes the air quality officer;"chimney" means any structure or opening of any kind from or through which an air pollutant may be emitted;"Council" means –(a)the Metropolitan Municipality of the City of Johannesburg established by Provincial Notice No. 6766 of 2000 dated 1 October 2000, as amended, exercising its legislative and executive authority through its municipal Council; or(b)its successor in title; or(c)a structure or person exercising a delegated power or carrying out an instruction, where any power in these by-laws has been delegated or sub-delegated, or an instruction given, as contemplated in section 59 of the Local Government Municipal Systems Act, 2000 (Act No. 32 of 2000),as the case may be;"dwelling" means any building or other structure, or part of a building or structure, used as a dwelling and any outbuilding appurtenant thereto, and includes any shack and structure in an informal settlement, so used;"emission" means any air pollutant discharged into the atmosphere from point, non-point and mobile sources, including any chimney, vent and the surface area of a commercial or industrial undertaking and any residential source;"listed activity" means a listed activity contemplated in section 6;"living organism" means any biological entity capable of transferring or replicating genetic material, including any sterile organism and virus;"mobile source" has the meaning assigned to it in section 1 of the Act;"National Environmental Management Act" means the National Environmental Management Act, 1998 (Act No. 107 of 1998);"non-point source" has the meaning assigned to it in section 1 of the Act;"nuisance" means any detrimental interference or likely interference, caused by air pollution with –(a)the health or well-being of any human or living organism; or(b)the use or enjoyment by an owner or occupier of his or her property, or property occupied by him or her;"point source" has the meaning assigned to it in section 1 of the Act;"prescribed" in relation to(a)a fee, means a fee prescribed by the Council as defined in paragraph(a)of the definition of Council; and(b)any other matter, means the Council;"property" means any unit of land registered in terms of the Deeds Registries Act, 1937 (Act No. 47 of 1937), and any sectional title unit contemplated in the Sectional Titles Act, 1986 (Act No. 95 of 1986) and any building or other structure thereon and includes any adjoining property occupied or used in connection with any activity carried on the former property;"public road" means a road, street or thoroughfare or other right of way to which the public or section of the public has a right of access or which is commonly used by the public or a section of the public;"the Act" means the National Environmental Management : Air Quality Act, 2004 (Act No. 39 of 2004);
Objectives and Application
3. Relevant ActsThese By-laws must be read with any applicable provision of the Act and the National Environmental Management Act and any regulations made and any listing published under those Acts.
4. Conflict of By-lawsIn the event of a conflict between these By-laws and any other by-laws of the Council, these By-laws shall prevail.
Prohibition and limitation of air pollution
5. Prohibition of air pollution
Air pollution from properties
6. Listing of activities
7. Permits for listed activities
8. Lapsing of permits
9. Changing of permit activities
10. Cancellation of permitsThe Council may, subject to the provisions of the Promotion of Administrative Justice Act, 2000 (Act No. 34 of 2000), cancel any permit issued in terms of section 7(6)(a) if the permit holder contravenes or fails to comply with any provision of these By-laws or condition imposed in terms of section 7(5)(a).
Emissions by open burning
11. DefinitionsFor the purposes of this Chapter –"bio-mass" means non-fossilized and biodegradable organic material originating from plants, animals and micro-organisms or any of those;"fuel burning equipment" means any furnace, boiler, incinerator, or other equipment with a chimney to vent the emissions of burning to the atmosphere –(a)designed to burn or capable of burning liquid, gas or solid fuel;(b)used to dispose of any material or waste by burning; or(c)used to subject liquid, gas or solid fuel to any process involving the application of heat;"open burning" means the burning of any material in the open air without utilising fuel-burning equipment.
12. Prohibition of open burning
Diesel vehicle emissions
13. DefinitionFor the purposes of this Chapter –“dark smoke” means –(a)smoke which has a density of 60 Hartridge smoke units or more, or in relation to emissions from a turbo-charged compressed ignition powered engine, means a density of 66 Hartridge smoke units or more; or(b)smoke which has a light absorption co-efficient of more than 2.125 m-¹ or in relation to emissions from a turbocharged compressed ignition powered engine, means a light absorption co-efficient of more than 2.51 m-¹.
14. Prohibition of emission of dark smoke
15. Testing of vehicles
Emissions that cause a nuisance
16. Prohibition of nuisances
17. Provision of informationThe air quality officer may by written notice, require any person to furnish written information specified in that notice, to the Council relating to any matter relevant to the implementation and enforcement of these By-laws within a time and at intervals, if applicable, so specified.
18. Serving of noticesAny written notice that is required to, or may, be served, delivered or given in terms of, or for the purposes of these By-laws, must be served in any of the following ways :
21. Offences and penaltiesAny person who –
22. Short titleThese By-laws are referred to as the Air Pollution Control By-laws.
Cited documents 7
- Constitution of the Republic of South Africa, 1996
- Deeds Registries Act, 1937
- Local Government: Municipal Structures Act, 1998
- Local Government: Municipal Systems Act, 2000
- National Environmental Management Act, 1998
- National Environmental Management: Air Quality Act, 2004
- Sectional Titles Act, 1986