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 29 June 2023.]
Definitions and interpretation
1. DefinitionsIn these By-laws, unless the context otherwise indicates—
2. Application of this By-lawThese By-laws applies to all properties or premises within the area of jurisdiction of the City of Johannesburg Metropolitan Municipality.
3. Relevant ActsThese 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
Prohibition and application
5. Prohibition of air pollution
Powers of Air Quality Officer
6. Powers of Air Quality OfficerThe Council must designate or appoint an employee of the City as the Air Quality Officer to be responsible for:
Air quality management zone
7. Declaration of air quality management zone and control zone
Air pollution from properties
8. Scheduled activities
9. Permits for scheduled activities
10. Lapsing of permits
11. Changing of permit activities
12. Cancellation of permitsThe 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.
Emissions caused by open burning
13. Prohibition of open burning
14. Regulation of coal merchants and distributors
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
21. Control of offensive odours
22. Request of informationThe 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 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:
26. Offences and penaltiesAny person who—
27. Repeal of By-lawsThe 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. SeverabilityIf 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 boundThis By-law is binding on the State and the Municipality.
30. Conflict of By-laws
31. Short title and commencementThese By-laws are referred to as the Air Pollution Control By-laws 2021.
History of this document
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