Professional Documents
Culture Documents
Act - Atmospheric Pollution Prevention Act - 45 of 1965
Act - Atmospheric Pollution Prevention Act - 45 of 1965
NO. 45 OF 1965
GENERAL NOTE
In terms of s. 2 of Act No. 51 of 1997, the expressions Administrator, Director-
General: Health and Welfare, and Minister of Industries, Commerce and Tourism,
wherever they occur, are substituted by the expressions Premier, Director-General:
Environmental Affairs and Tourism and Minister of Trade and Industry,
respectively.
ACT
To provide for the prevention of the pollution of the atmosphere, for the establishment
of a National Air Pollution Advisory Committee, and for matters incidental thereto.
1. Definitions.
(1) In this Act, unless the context otherwise indicates-
best practicable means, when used with reference to the prevention of the
escape of noxious or offensive gases or the dispersal or suspension of dust in
the atmosphere or the emission of fumes by vehicles, includes the provision
and maintenance of the necessary appliances to that end, the effective care and
operation of such appliances, and the adoption of any other methods which,
having regard to local conditions and circumstances, the prevailing extent of
technical knowledge and the cost likely to be involved, may be reasonably
practicable and necessary for the protection of any section of the public
against the emission of poisonous or noxious gases, dust or any such fumes;
board means the Air Pollution Appeal Board established under paragraph
(a) of sub-section (1) of section five;
chief officer means the chief air pollution control officer appointed under
section six, and includes the Director-General: Minerals and Energy or the
Chief Inspector of Explosives acting in pursuance of authority conferred upon
him or her in terms of sub-section (2) of that section and any person
performing any of the functions of the chief officer by virtue of authority
conferred upon him or her in terms of sub-section (5) of that section;
committee means the National Air Pollution Advisory Committee
established under section two;
controlled area means any area which has under section eight been
declared to be a controlled area;
dark smoke means smoke which, if compared in the prescribed manner
with a chart of the kind shown in the First Schedule, appears to be of a shade
not lighter than shade 2 on that chart;
dust means any solid matter in a fine or disintegrated form which is capable
of being dispersed or suspended in the atmosphere;
dwelling-house means any building or other structure intended for use or
used as a dwelling for a single family, and any outbuildings appurtenant
thereto;
employee . . . . . .
explosives factory means an explosives factory within the meaning of
section one of the Explosives Act, 1956 (Act No. 26 of 1956);
fixed date, in relation to any area in respect of which a notice has been
issued under subsection (1) of section 14, means the date contemplated in that
subsection, but in relation to an area which has under section 20 (1) been
declared a smoke control zone, means the date determined in terms of section
20 (8);
fuel burning appliance means any furnace, boiler or other appliance
designed to burn or capable of burning liquid fuel or gaseous fuel or wood,
coal, anthracite or other solid fuel, or used to dispose of any material by
burning or to subject solid fuel to any process involving the application of
heat;
inspector means an inspector appointed under section six, and includes any
person acting in pursuance of authority conferred upon him in terms of
paragraph (c) of subsection (2) or performing any of the functions of an
inspector by virtue of authority conferred upon him in terms of sub-section (5)
of that section;
local authority means a local government body within the meaning of
section 1 of the Local Government Transition Act, 1993 (Act No. 209 of
1993).
mine means a mine within the meaning of section 102 of the Mine Health
and Safety Act, 1996 (Act No. 29 of 1996);
Minister means the Minister of Environmental Affairs and Tourism;
noxious or offensive gas means any of the following groups of compounds
when in the form of gas, namely, hydrocarbons; alcohols; aldehydes; ketones;
ethers; esters; phenols; organic acids and their derivatives; halogens, organic
nitrogen, sulphur and halogen compounds; cyanides; cyanogens; ammonia and
its compounds; inorganic acids; fumes containing antimony, arsenic,
beryllium, chromium, cobalt, copper, lead, manganese, mercury, vanadium or
zinc or their derivatives; cement works fumes and odours from purification
plants, glue factories, cement works and meat, fish or whale processing
factories; and any other gas, fumes or particulate matter which the Minister
may by notice in the Gazette declare to be noxious or offensive gas for the
purpose of this Act; and includes dust from asbestos treatment or mining in
any controlled area which has not been declared a dust control area in terms of
section twenty-seven;
occupier, in relation to any premises, means the occupier of those premises
or of any particular part thereof, as the circumstances may require;
officer means an officer within the meaning of section 1 of the Public
Service Act, 1994 (Proclamation No. 103 of 1994);
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 such 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 of a local authority
or the precincts of any harbour;
prescribed means prescribed by or under this Act;
provisional registration certificate means a provisional registration
certificate issued under sub-paragraph (i) of paragraph (b) of sub-section (2) or
sub-section (3) of section ten;
registration certificate means a registration certificate issued under sub-
paragraph (i) of paragraph (a) of sub-section (2) or sub-section (3) of section
ten;
scheduled process means any works or process specified in the Second
Schedule;
sell includes offer, advertise, keep, display, transmit, consign, convey or
deliver for sale, or exchange, or dispose of to any person in any manner,
whether for a consideration or otherwise; and selling and sale have
corresponding meanings;
smoke includes soot, grit and gritty particles emitted in smoke;
this Act includes any regulation made under section thirty-three or forty-
four;
town clerk means the chief administrative officer of a local authority;
works means works within the meaning of section 102 of the Mine Health
and Safety Act, 1996 (Act No. 29 of 1996).
(2)The Minister may, after consultation with the committee, by notice in the
Gazette amend the Second Schedule by including therein or excluding
therefrom any process or works or in any other manner as he may deem fit.
PART II
CONTROL OF NOXIOUS OR OFFENSIVE GASES
25. Appeals.
(1) Any person upon whom a notice has been served under section 17 or 19 by a
local authority or who is aggrieved by the decision of a local authority on appeal
to it under subsection (3) of section 22, may within 30 days after the date on
which such notice was served or such decision was given, appeal against that
notice or decision to the regional appeal board established under subsection (1)
of section 5 for the area in question, which may confirm or set aside such notice
or decision, but subject to a right of appeal to the board, provided notice of
intention so to appeal is given to the board and the regional appeal board
concerned within 14 days after the decision of such regional appeal board was
received.
(2) The operation of any notice or the enforcement of any decision of a local
authority which is the subject of an appeal under subsection (1) shall be
suspended pending the decision of the relevant regional appeal board or the
board, as the case may be, on the appeal.
(3) Any person who lodges an appeal under subsection (1) shall submit with his
appeal written arguments or explanations of the grounds of his appeal and may
further appear before the relevant regional appeal board or the board, as the case
may be, in person or through a representative (who shall be an attorney or an
advocate) and cause any evidence to be tendered or any argument or explanation
to be submitted to such regional appeal board or the board, as the case may be, in
support of the written arguments or explanations of his grounds of appeal.
PART IV
DUST CONTROL
35. Appeals.
(1) Any person who is aggrieved by any notice served upon him or her under this
Part may within 30 days after the date on which such notice was served or within
such extended period as the board may for good and sufficient reason allow,
lodge an appeal with the board against the notice, and the board may thereupon
confirm, modify or set aside such notice.
(2) The operation of any notice which is the subject of an appeal under
subsection (1) shall be suspended pending the decision of the board on such
appeal.
(3) Any person who lodges an appeal under subsection (1) shall submit with his
appeal written arguments or explanations of the grounds of his appeal and may
further appear before the board in person or through a representative (who shall
be an attorney or an advocate) and cause any evidence to be tendered or any
argument or explanation to be submitted to the board in support of the written
arguments or explanations of his grounds of appeal.
PART V
AIR POLLUTION BY FUMES EMITTED BY VEHICLES
38. Appeals.
(1) Any person who is aggrieved by any notice served upon him or her under
section 37 (2) may, within 14 days after the date on which such notice was
served or within such further extended period as the board may for good and
sufficient reason allow, lodge an appeal with the board against the notice, and the
board may thereupon confirm, modify or set aside such notice.
(2) Any person who lodges an appeal under subsection (1) shall submit with his
appeal written arguments or explanations of the grounds of his appeal and may
further appear before the board in person or through a representative (who shall
be an attorney or an advocate) and cause any evidence to be tendered or any
argument or explanation to be submitted to the board in support of the written
arguments or explanations of his grounds of appeal.
39. Regulations.
(1) The Minister may, after considering a report by the committee, make
regulations
(a) prohibiting the use on any public road within any area which is the
subject of a notice under section 36 (1) of any vehicle from which
noxious or offensive gases specified in such regulations or noxious or
offensive gases which are of a darker colour or greater density or
content than is so specified are emitted;
(b) prescribing the steps that shall be taken to prevent the emission
from any vehicle of noxious or offensive gases contrary to any
regulation made under paragraph (a); and
(c) prescribing the methods that shall be applied in order to determine
whether any vehicle emits noxious or offensive gases contrary to any
regulation made under paragraph (a).
(2) Different regulations may be made under subsection (1) in respect of
different classes or categories of vehicles.
44. Regulations.
(1) The Minister may after consultation with the committee make regulations for
the more effective administration of this Act, including regulations
(a) as to the calling of meetings of the committee or any sub-committee
thereof or the board or any regional appeal board established under
section five, the quorum for and procedure at such meetings and the
remuneration and allowances, conditions of service and tenure of
office of members of the committee or any such sub-committee, the
board or any regional appeal board who are not in the full-time
employment of the State: Provided that any regulation in regard to the
remuneration and allowances of the said members shall be made in
consultation with the Minister of Finance;
(b) as to the form of any application for any registration certificate or
provisional registration certificate and the plans, documents and other
information to be submitted in connection with any such application,
the fees to be paid in connection with any such application or any
appeal under this Act and the circumstances under which the fees paid
in connection with any such appeal shall be refunded: Provided that
any regulation in regard to any fees as aforesaid shall be made in
consultation with the Minister of Finance;
(c) as to the form of any registration certificate or provisional
registration certificate;
(d) as to the matters which the court shall take into consideration in
determining what portion of the costs of alterations to a building
mentioned in section forty-two shall be borne by the owner, and how
those costs which shall be so borne shall be recovered by means of an
increase in rent or otherwise, and the matters which shall be taken into
consideration under which an aggrieved person may in terms of section
seventeen be ordered to contribute towards the execution of works or
the installation of appliances, as well as the manner in which any
contribution shall be made whether in cash or otherwise;
(dA) (i) prescribing the requirements, including requirements
with regard to durability and performance, with which fuel
burning appliances and parts therefor in general, or any
particular kind or type of fuel burning appliances and parts
therefor, shall comply, and the manner in which the said
appliances and parts shall be tested to establish whether they
comply with the prescribed requirements;
(ii) prohibiting the manufacture or import of, or
regulating the use or sale for use of
(aa) fuel burning appliances, other than such
appliances for use in a dwelling-house, and parts
therefor which do not comply with any
requirement prescribed under subparagraph (i);
and
(bb) parts for any fuel burning appliances for use
in a dwelling-house which were manufactured or
imported before the date of commencement of
section 4 of the Atmospheric Pollution
Prevention Amendment Act, 1981;
(dB) (after consultation with the Minister of Finance) as to the
portion of the salary of a smoke control officer repayable by the
Minister in terms of section 20 (13) (b);
(e) generally in regard to any matter in respect of which it is necessary
to make regulations in terms of this Act, or in respect of which the
Minister may consider it necessary to make regulations in order that
the objects of this Act may be achieved.
(2) Regulations under subsection (1) (dA) may provide for penalties for any
contravention thereof or failure to comply therewith, but not exceeding, in the
case of a first offence, a fine of five hundred rand or, in default of payment,
imprisonment for a period of six months, and in the case of a second or
subsequent offence, a fine of two thousand rand or, in default of payment,
imprisonment for a period of one year.
46. Penalties.
Any person convicted of an offence under this Act shall be liable, in the case of a
first conviction, to a fine not exceeding five hundred rand or imprisonment for a
period not exceeding six months, and in the case of a second or subsequent
conviction to a fine not exceeding two thousand rand or imprisonment for a
period not exceeding one year.
Second Schedule
SCHEDULED PROCESSES