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Johannesburg
South Africa
South Africa
Air Pollution Control By-law, 2021
- Published in Gauteng Provincial Gazette 349 on 13 October 2021
- Commenced on 13 October 2021
- [This is the version of this document from 13 October 2021 and includes any amendments published up to 10 April 2025.]
Chapter 1
Definitions and interpretation
1. Definitions
In these By-laws, unless the context otherwise indicates—2. Application of this By-law
These By-laws applies to all properties or premises within the area of jurisdiction of the City of Johannesburg Metropolitan Municipality.3. Relevant Acts
These By-laws must be read with any other applicable provisions of NEMA and AQA and any regulations made and any listing published under the Acts.4. Objectives and purpose
Chapter 2
Prohibition and application
5. Prohibition of air pollution
Chapter 3
Powers of Air Quality Officer
6. Powers of Air Quality Officer
The Council must designate or appoint an employee of the City as the Air Quality Officer to be responsible for:Chapter 4
Air quality management zone
7. Declaration of air quality management zone and control zone
Chapter 5
Air pollution from properties
8. Scheduled activities
9. Permits for scheduled activities
10. Lapsing of permits
11. Changing of permit activities
12. Cancellation of permits
The Council may, cancel any permit issued in terms of section 9(6) if the permit holder contravenes or fails to comply with any provision of these By-laws or condition imposed in terms of section 9.Chapter 6
Emissions caused by open burning
13. Prohibition of open burning
14. Regulation of coal merchants and distributors
Chapter 7
Emissions from compression ignition powered vehicles
15. Prohibition of emission of dark smoke
16. Stopping of vehicle and testing procedure
17. Repair notice
18. Subjecting certain vehicles to compulsory testing
19. Approval and registration of a vehicle testing centre
20. Fees
Chapter 8
Offensive oudours
21. Control of offensive odours
Chapter 9
General provisions
22. Request of information
The air quality officer and authorised official 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.23. Serving of notices
Any 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:24. Inspections
25. Appeals
26. Offences and penalties
Any person who—27. Repeal of By-laws
The provisions of any By-laws previously promulgated by the municipality or by any of the disestablished municipalities now incorporated in the municipality are hereby repealed as far as they relate to matters provided for in this By-law.28. Severability
If a section, subsection, sentence, clause or phrase of this By-law is declared invalid by a competent court, the invalid portion shall be severed and shall not affect the validity of the remaining portions of the By-law.29. Council and State bound
This By-law is binding on the State and the Municipality.30. Conflict of By-laws
31. Short title and commencement
These By-laws are referred to as the Air Pollution Control By-laws 2021.History of this document
13 October 2021 this version
Cited documents 7
Act 7
1. | Constitution of the Republic of South Africa, 1996 | 12690 citations |
2. | Local Government: Municipal Systems Act, 2000 | 4673 citations |
3. | Local Government: Municipal Structures Act, 1998 | 4531 citations |
4. | Deeds Registries Act, 1937 | 2959 citations |
5. | National Environmental Management Act, 1998 | 2420 citations |
6. | Sectional Titles Act, 1986 | 1347 citations |
7. | National Environmental Management: Air Quality Act, 2004 | 368 citations |