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Air Pollution Control By-law, 2021
- Published in Gauteng Provincial Gazette no. 349 on 13 October 2021
- Commenced on 13 October 2021
- [Up to date as at 26 November 2021]
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:(a)co-ordinating matters pertaining to air quality management and:(b)granting or rejecting Atmospheric Emission Licences or Provisional Atmospheric Emission Licences in terms of the AQA within the municipality’s jurisdiction.(c)Implementing and monitoring the short term plans and objectives of NEMA, AQA, the Regulations and these By-Laws,(d)identifying, implementing, managing and reporting on the air quality projects to the national level(e)implementing procedures, systems and controls to regulate specific work sequences, general practices and processes as defined in the legislation.(f)manage, coordinate and ensure compliance with statutory requirements of air quality licensing(g)manage and implement strategies aimed at creating awareness and provide education in terms of statutory requirements and air quality practice.(h)manage supervise, coordinate, liaise and provide direction on specific administrative and reporting requirements associated with air quality(i)monitoring and overseeing the implementation and enforcement of these By-laws
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:(a)by handing a copy of the notice at the person to whom it is addressed;(b)by leaving a copy of the notice at the person’s place of residence or business with any other person who is apparently at least 16 (sixteen) years old and in charge of the premises at the time;(c)by posting, emailing or faxing a copy of the notice to the person, if the person has in writing furnished an address, email address or fax number to an authorised official;(d)by handing a copy of the notice to any representative authorised in writing to accept service on behalf of the person concerned;(e)by sending a copy of the notice by prepaid registered or certified post to the last-known address of the person concerned,(f)if the person is a company or other body corporate, by serving a copy of the notice on an employee of the company or body corporate at its registered office or its place of business or, if there is no employee willing to accept service, by affixing a copy of the document to the main door of the office or place of business;(g)if the person is a partnership, firm or voluntary association, by serving a copy of the notice on a person who at the time of service is apparently in charge of the premises and apparently at least 16 (sixteen) years of age, at the place of business of such partnership, firm or association or if such partnership, firm or association has no place of business, by serving a copy of the notice on a partner, the owner of the firm or the chairman or secretary of the managing or other controlling body of such association, as the case may be.
26. Offences and penaltiesAny person who—(a)contravenes or fails to comply with any provision of these By-laws;(b)refuses or fails to comply with any notice addressed to him or her in terms of or for the purposes of these By-laws;(c)refuses or fails to comply with the terms or conditions of any permit issued or otherwise imposed in terms of these By-laws;(d)obstructs, hinders or interferes with an authorised official in the exercise of any power or the performance of any duty under these By-laws;(e)fails or refuses to furnish to an authorised official with any documentation or information required for the purposes of these By-laws or furnishes a false or misleading document or false or misleading information;(f)fails or refuses to comply with any instruction given for the purposes of these By-laws; or(g)pretends to be an authorised official,is guilty of an offence and—(i)liable on conviction to a fine or in default of payment to imprisonment for a period not exceeding 36 (thirty-six) months;(ii)in the case of a continuing offence, to a further fine not exceeding R 5000 (Five Thousand Rand), or in default of payment to imprisonment not exceeding one day for every day during the continuance of such offence after a written notice has been served on him or her by the Council requiring the discontinuance of such offence.
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(a)In the event of any conflict between this By-law and any other By-law or any policy that regulates air pollution, the provisions of this By-law shall prevail in so far as it relates to air quality management within the City of Johannesburg.(b)In the event of a conflict with the National Environmental Management: Air Quality Act, 2004 (Act 39 of 2004), the provisions of that Act will prevail within the area of jurisdiction of the Municipality.
31. Short title and commencementThese By-laws are referred to as the Air Pollution Control By-laws 2021.
History of this By-law
13 October 2021 this versionPublished in Gauteng Provincial Gazette no. 349By-law commences.