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RepealedThis By-law was repealed on 3 July 2020 by Air Quality.
This is the version of this By-law as it was when it was repealed.
Air Pollution Control By-law, 2013
- Published in Western Cape Provincial Gazette no. 7208 on 6 December 2013
- Commenced on 6 December 2013
- [This is the version of this document from 6 December 2013 and includes any amendments published up to 15 December 2022.]
- [Repealed by Air Quality on 3 July 2020]
Part I – Interpretation and objectives
1. DefinitionsIn this By-law, unless the context indicates otherwise:-“adverse effect” means any actual or potential impact on the environment that impairs, or would impair the environment or any aspect of it to an extent that is more than trivial or insignificant;“air pollutant” means any substance (including but not limited to dust, smoke, fumes and gas) that causes or may cause air pollution;“air pollution” means any change in the environment caused by any substance emitted into the atmosphere from any activity, where that change has an adverse effect on human health or well-being or on the composition, resilience and productivity of natural or managed ecosystems, or on materials useful to people, or will have such an effect in the future;“air pollution control zone” means the geographical area to which Part III of the By-law is declared to apply;“atmosphere” means air that is not enclosed by a building, machine, chimney or other such structure;“atmospheric emission” or “emission” means energy or substance or combination of substances emanating from a point, non-point or mobile source that results in air pollution;“authorised person” means any person authorised by the municipality to implement any provision of this By-law;“best practicable means” means the most effective measures that can reasonably be taken to prevent, reduce or minimise air pollution, having regard to all relevant factors including, among others, local conditions and circumstances, the likelihood of adverse effects, the current state of technical knowledge and the financial implications relative to the degree of environmental protection expected to be achieved by application or adoption of the measures;“chimney” means any structure or opening of any kind from or through which air pollutants may be emitted;“compressed ignition powered vehicle” means a vehicle powered by an internal combustion, compression ignition, diesel or petrol driven engine;“dark smoke” means in respect of Part VII of this By-law:-(a)smoke which has a density of 60 Hartridge smoke units or more, provided that in relation to emissions from turbo-charged compressed ignition powered engines, it 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, provided that in relation to emissions from turbo-charged compressed ignition powered engines, it means a light absorption coefficient of more than 2.51 m;“dust” means any solid matter in a fine or disintegrated form which is capable of being dispersed or suspended in the atmosphere;“dwelling” means any building or other structure, or part of a building or structure, used as a dwelling, and any outbuildings ancillary to it, but excludes shacks and informal settlements;“environment” means the surroundings within which humans exist and that are made up of:-(a)the land, water and atmosphere of the earth;(b)micro-organisms, plant and animal life;(c)any part or combination of (a) and (b) and the interrelationships among and between them; and(d)the physical, chemical, aesthetic and cultural properties and conditions of the foregoing that influence human health and well-being;“free acceleration test” means the method described in Section 18(2) employed to determine whether vehicles are being driven or used in contravention of Section 15(1);“fuel-burning equipment” means any furnace, boiler, incinerator, or other equipment, including a chimney;(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;“fumes” means any pungent or toxic vapour, gas, or smoke including but not limited to diesel fumes, spray painting fumes and exhaust fumes;“light absorption meter” means a measuring device that uses a light-sensitive cell or detector to determine the amount of light absorbed by an air pollutant;“living organism” means any biological entity capable of transferring or replicating genetic material, including sterile organisms and viruses;“mobile source” means a single identifiable source of atmospheric emission which does not emanate from a fixed location;“municipality” means the Bergrivier Municipality and includes any political structure, political office bearer, duly authorised agent thereof, or a service provider fulfilling a responsibility under this By-law assigned to it in terms of the Local Government: Municipal Systems Act, 2000 (Act 32 of 2000) or any other law, as the case may be, or any employee thereof acting in connection with this By-law by virtue of a power vested in the municipality and delegated, to such political structure, political office bearer, agent or employee;“municipal manager” means a person appointed as such by the municipality in terms of Section 82 of the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998);“non-point source” means a source of atmospheric emissions which cannot be identified as having emanated from a single identifiable source or fixed location, and includes veld, forest and open fires, mining activities, agricultural activities and stockpiles;“nuisance” means an unreasonable interference or likely interference caused by air pollution with:-(a)the health or well-being of any person or living organism; or(b)the use or enjoyment by an owner or occupier of his or her property;(c)the ordinary comfort, convenience, peace or quiet of another person; and(d)the natural state of the environment;“offensive odours” means any smell which is considered to be malodorous or a nuisance to a reasonable person;“open burning” means the combustion of material by burning without a chimney to vent the emitted products of combustion to the atmosphere, and “burning in the open” has a corresponding meaning;“operator” means a person who owns or manages an undertaking, or who controls an operation or process, which emits air pollutants;“point source” means a single identifiable source and fixed location of atmospheric emission, and includes smoke stacks and residential chimneys;“proclaimed township” means any land unit zoned and utilised for residential purposes;“person” means a natural person or a juristic person;“premises” means any building or other structure together with the land on which it is situated and any adjoining land occupied or used in connection with any activities carried on in that building or structure, and includes any land without any buildings or other structures and any locomotive, ship, boat or other vessel which operates or is present within the area under the jurisdiction of the municipality or the precincts of any harbour;“public road” means a road which the public has the right to use;“smoke” means the gases, particulate matter and products of combustion emitted into the atmosphere when material is burned or subjected to heat and includes the soot, grit and gritty particles emitted in smoke;“vehicle” means any motor, car, motor carriage, motor cycle, bus motor lorry or other conveyance propelled wholly or partly by any volatile spirit, steam, gas or oil, or by any means other than human or animal power.
2. Application, principles and objectives
Part II – Duty of care
3. Duty to take care
Part III – Air pollution control zone
4. Declaration of air pollution control zone
Part IV – Smoke emissions from premises other than dwellings
5. ApplicationFor the purposes of this Part, “premises” does not include dwellings.
7. Installation of fuel-burning equipment
8. Operation of fuel-burning equipment
9. PresumptionIn any prosecution for an offence under Section 6 smoke shall be presumed to have been emitted from premises if it is shown that any fuel or material was burned on the premises and the circumstances were such that the burning would be reasonably likely to give rise to the emission of smoke, unless the owner, occupier or operator, as the case may be, shows that no smoke was emitted.
10. Installation and operation of measuring equipmentAn authorised person may give notice to any operator of fuel-burning equipment or any owner or occupier of premises on which fuel-burning equipment is used or operated, or intended to be used or operated, to install, maintain and operate measuring equipment at his or her own cost; if:-
11. Monitoring and sampling
Part V – Smoke emissions from dwellings
13. Smoke emissions from dwellings
Part VI – Emissions caused by open burning
14. Emissions caused by open burning
15. Emissions caused by tyre burning and burning of rubber products and cables in open spaces
Part VII – Emissions from compressed ignition powered vehicles
17. Stopping of vehicles for inspection and testing
18. Testing procedure
19. Repair notice
Part VIII – Emissions that cause a nuisance
21. Compliance notice
22. Steps to abate nuisanceAt any time, the municipality may at its own cost take whatever steps it considers necessary in order to remedy the harm caused by the nuisance and prevent a recurrence of it, and may recover the reasonable costs so incurred from the person responsible for causing the nuisance.
Part IX – Offensive odours
23. Control of offensive odours
Part X – Dust nuisance
24. Control of dust
25. Sand blasting emissions
Part XI – Fume nuisance
26. Control of fumes
Part XII – Pesticide spraying emissions
27. Pesticide spraying emissions
Part XIII – General provisions
29. 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.
30. Municipality and State boundThis By-law is binding on the State and the municipality.
32. Offences and penalties
34. SavingsAnything done or deemed to have been done under any other law remains valid to the extent that it is consistent with this By-law or until anything done under this By-law overrides it.
35. Conflict with other legislationIn the event of any conflict between any provision of this By-law and national and provincial legislation, standards, policies or guidelines, the national and provincial legislation, standards, policies or guidelines shall prevail.
36. 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.
37. Short title and commencementThis By-law shall be known as the Air Pollution Control By-law of the Bergrivier Municipality and comes into operation on the date of publication thereof in the Provincial Gazette.
History of this By-law
3 July 2020Repealed by Air Quality
6 December 2013 this versionPublished in Western Cape Provincial Gazette no. 7208By-law commences.
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