ATMOSPHERIC POLLUTION PREVENTION ACT
NO. 45 OF 1965
[ASSENTED TO 17 APRIL, 1965]
[DATE OF COMMENCEMENT: 21 APRIL,
1965]
(Afrikaans
text signed by the State President)
as amended by
Atmospheric
Pollution Prevention Amendment Act, No. 17 of 1973
Atmospheric
Pollution Prevention Amendment Act, No. 21 of 1981
Atmospheric
Pollution Prevention Amendment Act, No. 15 of 1985
Legal
Succession to the South African Transport Services Act, No. 9 of 1989
[with effect from 6 October, 1989]
Abolition
of Restrictions on the Jurisdiction of Courts Act, No. 88 of 1996
[with effect from 22 November, 1996]
Environmental
Laws Rationalisation Act, No. 51 of 1997
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.
ARRANGEMENT
OF SECTIONS
1. Definitions
PART
I
ESTABLISHMENT
OF NATIONAL AIR POLLUTION ADVISORY COMMITTEE AND APPEAL BOARD AND APPOINTMENT
AND POWERS OF OFFICERS
2. Establishment of National Air Pollution
Advisory Committee
3. Functions of committee
4. Sub-committees
5. Appeal Boards
6. Appointment of chief officer and
inspectors
7. Powers of chief officer and inspectors
PART
II
CONTROL
OF NOXIOUS OR OFFENSIVE GASES
8. Controlled areas
9. Premises on which scheduled process
carried on to be registered
10. Application for and issue of
registration certificates and provisional registration certificates
11. Period of validity and conditions of
provisional certificate
12. Conditions of registration certificates
13. Appeals from decisions of chief officer
PART
III
ATMOSPHERIC
POLLUTION BY SMOKE
14. Application of this Part
14A. Prohibition of manufacture or import of
certain fuel burning appliances and parts therefor
15. Installation of fuel burning appliances
16. Siting of fuel burning appliances and
construction of chimneys
17. Procedure where smoke or other products
of combustion cause nuisance
18. Smoke control regulations
19. Procedure in event of contravention of
regulations
20. Establishment of smoke control zones
21. Contracts for the supply of fuel
22. Delegation of powers by local authority
23. Power to enter upon premises
24. Information to be supplied to local
authorities
25. Appeals
26. Expenditure by local authority
PART
IV
DUST
CONTROL
27. Dust control areas
28. Steps to be taken by certain persons for
preventing atmospheric pollution by dust
29. Prevention of atmospheric pollution by
dust by owners or occupiers of land in certain circumstances
30. Procedure where special circumstances
exist
31. Establishment of Dust Control Levy
Account
32. Prohibition in regard to disposal of
assets by mines
33. Regulations in regard to dust
34. Delegation of powers of inspection
35. Appeals
PART
V
AIR
POLLUTION BY FUMES EMITTED BY VEHICLES
36. Application of this Part
37. Procedure in event of contravention of
regulations
38. Appeals
39. Regulations
40. Delegation of powers of inspection
PART
VI
GENERAL
PROVISIONS
41. Disclosure of information
42. Court may authorize works and order
payments
43. Right of entry upon land, etc
44. Regulations
45. Operation of Act in relation to other
laws
45A. Contributions by State towards certain
expenditure incurred in connection with combating of atmospheric pollution
46. Penalties
47. Act binds the State
48. Short title
First
Schedule
Second
Schedule Scheduled processes
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;
[Definition of “chief officer” substituted by s. 2 of Act
No. 51 of 1997.]
“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” . . . . . .
[Definition of “employee” deleted by s. 2 of Act No. 51 of
1997.]
“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);
[Definition
of “fixed date” substituted by s. 1 (a) of Act No. 17 of 1973.]
“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).
[Definition
of “local authority” substituted by s. 1 (b) of Act No. 15 of 1985 and by s. 2
of Act No. 51 of 1997.]
Wording
of Sections
“mine” means a mine within the meaning of section 102 of the
Mine Health and Safety Act, 1996 (Act No. 29 of 1996);
[Definition
of “mine” substituted by s. 2 of Act No. 51 of 1997.]
“Minister”
means the Minister of Environmental Affairs and Tourism;
[Definition
of “Minister” substituted by s. 1 of Act No. 21 of 1981, by s. 1 (a) of Act No.
15 of 1985 and by s. 2 of Act No. 51 of 1997.]
“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);
[Definition of “officer” substituted by s. 2 of Act No. 51
of 1997.]
“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;
[Definition of “sell” inserted by s. 1 (b) of Act No. 17 of
1973.]
“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).
[Definition of “works” substituted by s. 2 of Act No. 51 of
1997.]
(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
I
ESTABLISHMENT
OF NATIONAL AIR POLLUTION ADVISORY COMMITTEE AND APPEAL BOARD AND APPOINTMENT
AND POWERS OF OFFICERS
2. Establishment
of National Air Pollution Advisory Committee.—(1) There is hereby
established a committee to be known as the National Air Pollution Advisory
Committee which shall consist of not less than seven and not more than eleven
persons appointed by the Minister.
(2) The
Minister shall designate one of the members of the committee as the chairman
and one such member as the vice-chairman of the committee.
3. Functions
of committee.—The functions of the committee shall be—
(a) to advise the Minister on all matters relating to the
control, abatement and prevention of air pollution;
(b) to study and report to the Minister upon measures taken
outside the Republic for the control of air pollution;
(c) to
stimulate interest in the problem of air pollution and for that purpose (but
without limiting the generality of the foregoing) to arrange for the delivery
of lectures and addresses, the holding of discussions and the display of
pictures, cinematograph films or exhibitions relating to that problem; and
(d) to advise the Minister generally in regard to any matter
relating to air pollution as to which the committee considers it necessary to
advise the Minister or which he may refer to the committee for its advice.
4. Sub-committees.—(1) The
Minister may on the recommendation of the committee appoint such
sub-committees, including sub-committees in respect of particular areas, as he
may consider necessary to advise and assist the committee in the performance of
its functions under this Act, and may assign to a sub-committee so appointed
such of the powers of the committee as the Minister may deem fit: Provided that
the committee shall not be divested of any powers which may have been assigned
to any such sub-committee.
(2) In
appointing any such sub-committee the Minister shall have due regard to the
desirability of ensuring that the sub-committee shall as far as may be
reasonably practicable be representative inter alia of industry, including the
mining industry, and local authorities.
(3) A
member of the committee shall be eligible for appointment to any such
subcommittee.
5. Appeal
Boards.—(1) The Minister shall establish—
(a) a
board to be known as the Air Pollution Appeal Board to hear and determine
appeals in terms of section 13, 35 or 38, or from decisions of any regional
appeal board in terms of section 25;
[
Wording
of Sections
(b) so many regional appeal boards as he may consider necessary
to hear and determine appeals from the decisions of local authorities in terms
of section twenty-five.
(2) The
board and every regional appeal board shall consist of three members who shall
be appointed by the Minister after consultation with the committee and shall be
persons who in the opinion of the Minister are suitably qualified to perform
the functions devolving upon them under this Act.
(3) The
Minister may, at the request of the board or any regional appeal board or any
person who lodges an appeal with the board or a regional appeal board, appoint not
more than two persons who in the opinion of the Minister have expert knowledge
of any matter to which any appeal relates, to serve as assessors on the board
or that regional appeal board in connection with such appeal.
6. Appointment
of chief officer and inspectors.—(1) The
Minister may, subject to the laws governing the public service, appoint—
(a) an
officer to be styled the chief air pollution control officer who shall under
the directions of the Minister exercise the powers and perform the functions
assigned to the chief officer under this Act; and
(b) so many persons as he may consider necessary to be
inspectors under this Act.
(2) The
Minister may—
(a) after
consultation with the Minister of Mineral and Energy Affairs, authorize the
Director-General: Minerals and Energy to exercise and perform during the
Minister’s pleasure, and in consultation with the chief officer, with reference
to mines and works all the powers, duties and functions of the chief officer
under this Act;
[
Wording
of Sections
(b) after
consultation with the Minister of Trade and Industry, authorize the Chief
Inspector of Explosives to exercise and perform during the Minister’s pleasure,
and in consultation with the chief officer, all such powers, duties and
functions with reference to explosives factories;
(c) authorize—
(i) any inspector appointed under section 49 (1) of the Mine
Health and Safety Act, 1996 (Act No. 29 of 1996), or any Director: Mineral
Development appointed in terms of section 4 of the Minerals Act, 1991 (Act No.
50 of 1991) to exercise or perform with reference to mines and works; or
[Subpara. (i) substituted by s. 2 of
Act No. 51 of 1997.]
(ii) any inspector of explosives appointed under section two of the
Explosives Act, 1956 (Act No. 26 of 1956), to exercise or perform with
reference to explosives factories; or
(iii) . . . . . .
[Subpara. (iii) repealed by s. 36 (6)
of Act No. 9 of 1989.]
all
the powers, duties and functions of an inspector under this Act.
(3) The
chief officer and inspectors appointed under sub-section (1) shall be persons
who are technically qualified to exercise control over atmospheric pollution by
virtue of their academic training in the natural sciences or engineering and their
practical experience in industry together with a knowledge
of the problems concerning atmospheric pollution related thereto.
(4) Every
inspector shall be furnished with a certificate signed by the chief officer
stating that he has been appointed or authorized to act as an inspector under
this Act.
(5) The
chief officer may with the approval of the Minister, and after consultation
with the local authority concerned or on the recommendation of a person
authorized after such consultation, authorize any competent person in the
service or a local authority to perform in the area under the jurisdiction of
that local authority, and subject to the directions of the chief officer, such
of the functions of the chief officer or an inspector as the chief officer may
determine.
(6) Any
person so authorized shall be furnished with a certificate signed by the chief
officer specifying the functions which may be performed by such person and the
area in respect of which those functions may be so performed.
(7) The
chief officer may at any time, with the approval of the Minister, withdraw any
authorization under subsection (5), and shall cause the local authority
concerned to be notified in writing of such withdrawal and of the date on which
it shall take effect.
7. Powers
of chief officer and inspectors.—(1) The
chief officer or any inspector may in the exercise of his powers or the
performance of his duties or functions under Part II of this Act or under any
regulation made under section thirty-nine or forty-four and subject to the
production, in the case of any such inspector, to the person in charge of the
premises, of the certificate furnished to him under subsection (4) of section
six—
(a) without
previous notice at any time enter any premises where a scheduled process is or
is suspected to be carried on, and examine any process in which any noxious or
offensive gas is used or produced and any apparatus for condensing any such gas
or otherwise preventing the discharge thereof into the atmosphere or for
rendering any such gas harmless or inoffensive when discharged;
(b) require
from the person in charge of any such premises where a scheduled process is
carried on, the production of the registration certificate or provisional
registration certificate issued in respect of such premises under section ten
of this Act;
(c) apply such tests and take such samples and make such
enquiries and investigations as appear to him to be necessary for the due
performance of his functions under this Act.
(2) Any
person who—
(a) falsely holds himself out to be the chief officer or an
inspector; or
(b) refuses
or fails to answer to the best of his ability any question lawfully put to him
by the chief officer or an inspector in the exercise of his powers or the
performance of his duties or functions under this section; or
(c) refuses or fails to comply to the best of his ability with
any lawful requirement of the chief officer or an inspector in the exercise of
such powers or the performance of such duties or functions; or
(d) obstructs or interferes with the chief officer or an
inspector in the exercise of such powers or the performance of such duties or
functions,
shall be guilty of an offence.
(3) Whenever
the chief officer or an inspector or a local authority or any person in the service
of a local authority is alleged to have caused injury to any person or damage
to any property or in any other manner to have detrimentally affected the
rights of any person, whether in respect of property or otherwise, in the
exercise of any power or the performance of any duty or function under this
Act, it shall be a defence in any legal proceedings founded on such allegation
and brought against the State, the chief officer or such inspector or local
authority or person that the chief officer or such inspector, local authority
or person has used the best known or the only or most practicable available
methods and has acted without negligence in the exercise of the powers or the
performance of the duties or functions aforesaid, and a certificate signed by
the Director-General: Environmental Affairs and Tourism to the effect that,
having regard to all the circumstances, defendant or respondent has used the
best known or the only or the most practicable methods, shall be accepted by
the court as prima facie evidence of that fact.
[Sub-s. (3) amended by s. 2 of Act No. 21
of 1981.]
Wording
of Sections
PART
II
CONTROL
OF NOXIOUS OR OFFENSIVE GASES
8. Controlled
areas.—The Minister may, after consideration of a report by the committee and
after consultation with the Minister of Trade and Industry, by notice in the
Gazette—
(a) declare any area to be a controlled area for the purposes of
this Act;
(b) include any area in or exclude any area from a controlled
area.
9. Premises
on which scheduled process carried on to be registered.—(1) Save
as provided in sub-section (4) of section eleven, no person shall within a
controlled area—
(a) carry on a scheduled process in or on any premises, unless—
(i) he is the holder of a current registration certificate
authorizing him to carry on that process in or on those premises; or
(ii) in
the case of a person who was carrying on any such process in or on any premises
immediately prior to the date of publication of the notice by virtue of which
the area in question is a controlled area, he has within three months after
that date applied for the issue to him of a registration certificate
authorizing the carrying on of that process in or on those premises, and his
application has not been refused; or
(b) erect
or cause to be erected any building or plant, or alter or extend or cause to be
altered or extended any existing building or plant, which is intended to be
used for the purpose of carrying on any scheduled process in or on any
premises, unless he is the holder of a provisional registration certificate
authorizing the erection, alteration or extension of that building or plant for
the said purpose; or
[
Wording
of Sections
(c) alter
or extend or cause to be altered or extended an existing building or plant in
respect of which a current registration certificate has been issued unless he
has, before taking steps to bring about the proposed alteration or extension,
applied to the chief officer for provisional registration of the proposed
alteration or extension or unless such alteration or extension will not affect
the escape into the atmosphere of noxious or offensive gases produced by the
scheduled process in question.
[
Wording
of Sections
(2) Any
person who contravenes any provision of sub-section (1) shall be guilty of an
offence.
10. Application
for and issue of registration certificates and provisional registration
certificates.—(1) An application for a registration certificate or a
provisional registration certificate under section nine shall be lodged with
the chief officer in the prescribed form and shall be accompanied by such
information as may be prescribed.
(2) The
chief officer shall after consideration of any such application—
(a) in the case of an application under sub-paragraph (ii) of
paragraph (a) of sub-section (1) of the said section—
(i) if
he is satisfied that the best practicable means are being adopted for
preventing or reducing to a minimum the escape into the atmosphere of noxious
or offensive gases produced or likely to be produced by the scheduled process
in question, grant the application and issue to the applicant a registration
certificate in the form prescribed; or
(ii) if
he is not so satisfied, by notice in writing require the applicant to take the
necessary steps within a period specified in the notice for preventing or
reducing to a minimum the escape into the atmosphere of noxious or offensive
gases produced or likely to be produced by the said scheduled process;
[
Wording
of Sections
(b) in the case of an application under paragraph (b) or (c) of
the said subsection, and subject to the provisions of subsection (4)—
(i) if
he is satisfied in regard to the matters referred to in subparagraph (i) of
paragraph (a) of this subsection, grant the application and issue to the
applicant a provisional registration certificate in the form prescribed; or
(ii) if he is not so satisfied, by notice in writing advise the
applicant to take the necessary steps of the nature contemplated in
subparagraph (ii) of paragraph (a), within a period specified in the notice, in
order that he may be so satisfied.
[
Wording
of Sections
(3) An
applicant who has complied with the requirements of any notice under
subparagraph (ii) of paragraph (a) or subparagraph (ii) of paragraph (b) of
subsection (2), within the period specified in that notice or within such
further period as the chief officer may allow, shall, subject to the provisions
of subsection (4), be entitled to the issue to him of a registration
certificate or a provisional registration certificate, as the case may be.
(4) No
provisional registration certificate shall be issued under this section, unless
the chief officer is satisfied that the scheduled process in question may
reasonably be permitted to be carried on in the locality affected, having
regard to the nature of that process, the character of the locality in
question, the purposes for which other premises in such locality are used and
any other consideration which in his opinion have a bearing on the matter, and
that the carrying on of that process in or on the premises in question would
not be in conflict with any town-planning scheme in operation or in course of
preparation in respect of such locality.
(5) In
the case of an application under paragraph (b) of subsection (1) of section
nine the chief officer shall consult the local authority, if any, in whose area
of jurisdiction the proposed scheduled process will be in operation and any
local authority in whose area of jurisdiction there are residents who may in
the opinion of the chief officer be affected by the carrying on of the
scheduled process to which the application relates, and shall record and
consider the opinion and recommendation of such local authority or authorities.
11. Period
of validity and conditions of provisional certificate.—(1) A
provisional registration certificate shall, subject to the provisions of
subsection (3), be valid for such period as may be determined by the chief
officer and specified in that certificate, and the chief officer may, if he is
satisfied that good reasons exist for doing so, from time to time extend the
period of validity of any such certificate.
(2) Every
provisional registration certificate shall specify—
(a) the situation and extent of the proposed building or plant
to which the certificate relates;
(b) the nature of the scheduled process intended to be carried
on;
(c) the raw materials intended to be used, the nature of the
operations intended to be carried out and the products intended to be produced;
(d) the
appliances intended to be installed and any other measures intended to be taken
with a view to preventing or reducing to a minimum the escape into the
atmosphere of any noxious or offensive gases likely to be produced by the
operations intended to be carried on; and
(e) the
proposed measures for the purification of the effluents discharged from
appliances installed for preventing or reducing to a minimum the escape into
the atmosphere of any noxious or offensive gases from the processes that will
be in operation, and for the prevention of the release of noxious or offensive
constituents from such effluents when they come into contact with other
effluents in drains or drainage canals.
(3) If
any building or plant in respect of which a provisional registration
certificate has been issued, is, within the period specified in subsection (1),
or within such further period as the chief officer may allow, completed to the
satisfaction of the chief officer in accordance with the particulars specified
in that certificate, the chief officer shall, on application by the holder of
that certificate, issue to him a registration certificate in the prescribed
form authorizing the carrying on of the scheduled process to which that
provisional registration certificate relates in or on the premises in respect
of which such provisional registration certificate was issued, and thereupon
such provisional registration certificate shall lapse.
(4) The
holder of a provisional registration certificate may carry on in or on the
premises to which that certificate relates any process specified in such
certificate, and the provisions of section twelve shall mutatis mutandis apply
with reference to the carrying on of such process in or on those premises.
12. Conditions
of registration certificates.—(1) A registration certificate shall
be subject to the condition that all plant and apparatus used for the purpose
of carrying on the scheduled process in question and all appliances for
preventing or reducing to a minimum the escape into the atmosphere of noxious
or offensive gases, shall at all times be properly maintained and operated and
that the holder of the certificate shall ensure that all other necessary
measures are taken to prevent the escape into the atmosphere of noxious or
offensive gases: Provided that in applying the provisions of this subsection
due allowance shall be made for the unavoidable escape into the atmosphere of
noxious or offensive gases during the starting up of any plant or apparatus in
respect of which the registration certificate was issued or during the period
of any breakdown or shutting down or disturbance of such apparatus or plant.
(2) The
chief officer may at any time by notice in writing require the holder of any
such certificate to take steps to ensure the more effective operation of the
appliances provided for in such certificate for the prevention of the escape
into the atmosphere of noxious or offensive gases produced by the scheduled
process to which the certificate relates.
(3) (a) The chief officer may at any time by notice in
writing require the holder of any such certificate to take such steps as may be
reasonable, having regard to the cost involved, to ensure the more effective
prevention of the escape into the atmosphere of noxious or offensive gases,
produced by the scheduled process to which the certificate relates, by means of
some other or improved process or equipment specified in such notice.
(b) Any
such holder shall be allowed a reasonable period within which to take any steps
specified in the relevant notice.
(4) If
the holder of a registration certificate fails to comply with the conditions
referred to in subsection (1) or any requirement under subsection (2) or (3),
the chief officer may by notice in writing call upon such holder to comply with
such conditions or requirement within a reasonable period specified in the
notice, and in the event of failure on the part of such holder to comply with
the said conditions or requirement within the period so specified, the chief
officer may cancel the registration certificate or suspend the operation thereof
for such period as he may deem fit.
13. Appeals
from decisions of chief officer.—(1) (a) Any person who
is aggrieved by a decision of the chief officer refusing an application for a
registration certificate or a provisional registration certificate or
cancelling or suspending a registration certificate or provisional registration
certificate or imposing any requirement under subsection (2) or (3) of section
12, may within one month appeal against such decision to the board, which shall
have power to make such order on the appeal as it may consider equitable.
[
Wording
of Sections
(b) Any
person who so appeals may continue to carry on the scheduled process to which
such appeal relates pending the decision of the board on such appeal, if such
scheduled process was being carried on prior to the decision of the chief
officer or the imposition by him of the requirement which is the subject of the
appeal, and if the chief officer has been satisfied that the escape into the
atmosphere of gases produced by the said process is not, or is not likely to
give rise to, a danger to the health of man, and has granted permission that
the carrying on of that process be continued.
[
Wording
of Sections
(2) If
a provisional registration certificate is granted under paragraph (b) of
subsection (1) of section nine, notwithstanding an objection by a local
authority referred to in subsection (5) of section ten, such local authority
may within one month appeal against the decision of the chief officer to the
board which shall have power to make such order on any such appeal as it may
consider equitable and whose decision shall be final.
(3) Any
person who lodges an appeal under subsection (1) or (2) 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
III
ATMOSPHERIC
POLLUTION BY SMOKE
14. Application
of this Part.—(1) The provisions of this
Part, excluding the provisions of section 14A, shall apply only in areas in
which the Minister has, after consultation with the Minister of Trade and
Industry, by notice in the Gazette declared them to be applicable, and with
effect from such date in the case of any such area as may be specified in the
relevant notice.
[Sub-s. (1) substituted by s. 3 of Act No. 21 of 1981.]
Wording
of Sections
(2) Save
as provided in subsection (6), no such notice shall be issued in respect of any
area or part of an area under the jurisdiction of a local authority except with
the concurrence of that local authority.
(3) Subject
to the provisions of sub-sections (4) and (6), the powers conferred by this
Part upon local authorities shall in respect of any area under the jurisdiction
of a local authority which is the subject of a notice under subsection (1), be
exercised by that local authority, unless the Minister has in consultation with
the Minister of Finance and after consultation with the said local authority,
by notice in the Gazette directed that the said powers shall be exercised by
the chief officer.
(4) The
Minister may at the request of any local authority by notice in the Gazette
direct that the powers which may in terms of subsection (3) be exercised by
that local authority, shall be exercised by the chief officer, and may in that
event recover from that local authority such costs incurred by the chief
officer in the exercise of the said powers as may be determined by agreement
between the Minister, acting in consultation with the Minister of Finance, and
such local authority.
(5) Where
any notice under subsection (1) is issued in respect of any area which is not
under the jurisdiction of a local authority, the Minister may in that notice or
by subsequent notice in the Gazette—
(a) direct that the powers conferred by this Part upon local
authorities be exercised in respect of such area by the chief officer; or
(b) if such area adjoins the area under the jurisdiction of a
local authority, authorize that local authority to exercise the said powers in
respect of such area.
(6) If
after consideration of a report submitted to him by the committee in pursuance
of any enquiry made by it the Minister is satisfied that smoke emanating from
any premises is causing a nuisance the Minister may—
(a) if
the premises from which the smoke emanates are situated within an area in which
the provisions of this Part have in terms of subsection (1) been declared to be
applicable, and within the area of jurisdiction of a local authority, and in
the opinion of the Minister that local authority has not taken or is not taking
reasonable steps with a view to preventing the continuation of the nuisance, by
notice in the Gazette direct that the powers conferred by this Part upon local
authorities shall, in respect of the said area, be exercised wholly, or to the
extent specified in the notice, by the chief officer;
(b) if
the said premises are not situated within an area in which those provisions
have been so declared to be applicable, by notice in the Gazette declare the
provisions of this Part to be applicable in such area as he may consider
necessary to permit of effective action being taken in accordance with the said
provisions in order to prevent the continuation of the nuisance;
(c) in
any notice under paragraph (b) or by subsequent notice in the Gazette direct
that the powers conferred by this Part upon local authorities shall in respect
of the area which is the subject of such first-mentioned notice be exercised
wholly, or to the extent specified in the notice, by the chief officer;
(d) where any powers are in terms of a notice under this
subsection exercised by the chief officer in the area of jurisdiction of any
local authority, recover in consultation with the Minister of Finance, the
costs incurred in connection with the exercise of such powers from that local
authority.
[Sub-s. (6) substituted by s. 6
of Act No. 17 of 1973.]
Wording
of Sections
(7) The
Minister may at any time by notice in the Gazette withdraw or amend any notice
issued under subsection (6).
(8) The
Minister may, after consultation with the committee, by notice in the Gazette—
(a) withdraw any notice under subsection (1) or include any area
within the area to which that notice relates or exclude therefrom any area
which is included therein;
(b) withdraw
any notice under subsection (3), (4) or (5) and issue any other notice under
subsection (5) in respect of the area or any part of the area to which any
notice under that subsection relates: Provided that no notice under subsection
(3) or (4) or paragraph (b) of subsection (5) shall be withdrawn except after
consultation with the local authority concerned.
(9) Any
reference in this Part to a local authority shall—
(a) in
relation to any area in respect of which any powers are by virtue of a notice
under subsection (3) or (4) or paragraph (a) of subsection (5) required to be
exercised by the chief officer, be construed as a reference to the chief
officer; and
(b) in relation to an area in respect of which a local authority
has under paragraph (b) of sub-section (5) been authorized to exercise the
powers conferred upon local authorities by this Part, be construed as a
reference to that local authority.
(10) Whenever
any notice issued under this section has the effect of vesting—
(a) in the chief officer any powers which prior to the date on
which the notice came into operation were vested in a local authority; or
(b) in a local authority any powers which prior to that date
were vested in the chief officer,
any
order duly issued or other action duly taken prior to the said date by the
authority which was then competent to make such order or take such action shall
be deemed to have been duly issued or taken by the authority which has become
competent to issue such order or to take such action by virtue of the notice.
14A. Prohibition
of manufacture or import of certain fuel burning appliances and parts
therefor.—(1) No person shall manufacture
or import—
(a) any fuel burning appliance for use in a dwelling-house which
does not comply with the requirements prescribed by regulation under section
44; or
(b) any part for such an appliance which does not comply with
the requirements so prescribed,
unless he has previously obtained written authority for the manufacture
or import thereof from the chief officer.
(2) The
chief officer may in his discretion grant or refuse the authority referred to
in subsection (1), and any such authority shall be
subject to such conditions as may be prescribed by regulation under section 44
and to such supplementary conditions as may be determined by the chief officer
and set out in the authority concerned.
(3) Any
person who contravenes the provisions of sub-section (1) or manufactures or
imports any fuel burning appliance for use in a dwelling-house or any part for
such an appliance contrary to any condition contemplated in sub-section (2), shall be guilty of an offence.
[S.
14A inserted by s. 4 of Act No. 21 of 1981.]
15. Installation
of fuel burning appliances.—(1) No person
shall install or cause or permit to be installed in or on any premises—
(a) any
fuel burning appliance, unless such appliance is so far as is reasonably
practicable capable of being operated continuously without emitting dark smoke
or smoke of a colour darker than may be prescribed by regulation: Provided that
in applying the provisions of this paragraph due allowance shall be made for
the unavoidable emission of dark smoke or smoke of a colour darker than may be
so prescribed during the starting up of the said appliance or during the period
of any breakdown or disturbance of such appliance; or
(b) any fuel burning appliance designed—
(i) to burn pulverised solid fuel; or
(ii) to burn solid fuel in any form at a rate of one hundred
kilograms or more per hour; or
(iii) to subject solid fuel to any process
involving the application of heat, unless such appliance is provided with
effective appliances to limit the emission of grit and dust to the satisfaction
of the local authority or the chief officer, as the case may be.
[
Wording
of Sections
(2) No
person shall install any fuel burning appliance in respect of which sub-section
(1) applies, in or on any premises unless prior notice in writing has been
given to the local authority or the chief officer, as the case may be, of the
proposed installation of such appliance.
(3) The
provisions of sub-sections (1) and (2) shall not apply—
(a) in respect of the installation of any fuel burning appliance
in any dwellinghouse; or
(b) in respect of any fuel burning appliance if the installation
thereof was commenced or any agreement for the acquisition thereof was entered
into prior to the fixed date.
(4) In
this section and in sections sixteen and eighteen—
(a) “appliance”
means any one mechanical stoker or any one burner on which there may be more
than one stoker, but does not include a single chimney through which the
products of several burners or furnaces may be discharged; and
(b) “stoker”
means any mechanism or other means intended for feeding fuel into any place for
the purpose of burning it in such place; and
(c) “burner” means any furnace, combustion chamber, grate or
other place to which fuel is fed by one or more stokers or manually for the
purpose of burning such fuel in such furnace, combustion chamber, grate or
other place.
(5) A
fuel burning appliance which has been installed in accordance with plans and
specifications approved by the local authority concerned, shall not for the
purposes of subsection (1) be deemed to have been installed in contravention of
the provisions of that subsection, but nothing in this subsection shall be
construed as precluding any action under section seventeen or nineteen in
respect of any such fuel burning appliance.
(6) Any
person who contravenes the provisions of subsection (1) or (2) shall be guilty
of an offence.
16. Siting
of fuel burning appliances and construction of chimneys.—(1) No
local authority shall approve of any plan which provides for the construction
of any chimney or other opening for carrying smoke, gases, vapours, fumes,
grit, dust or other final escapes from any building or for the installation of
any fuel burning appliance, unless it is satisfied—
(a) in
the case of any such chimney or other opening, that the height thereof will as
far as practicable be sufficient to prevent smoke or any other product of
combustion from becoming prejudicial to health or a nuisance to occupiers of
premises in the surrounding areas; or
(b) in the case of any such fuel burning appliance, that it is
suitably sited in relation to other premises in the surrounding areas.
(2) For
the purposes of paragraph (a) of subsection (1), a local authority may have regard to—
(a) the purpose for which any chimney or other opening in
question is intended;
(b) the provisions contained in any approved draft town-planning
scheme or other requirement having the force of law relating to the use of land
where any chimney is to be constructed;
(c) the position and nature of any other buildings in the
surrounding areas;
(d) the levels of land in the surrounding areas; and
(e) any other matter which in the opinion of the local authority
should be considered.
17. Procedure
where smoke or other products of combustion cause nuisance.—(1) If
as a result of representations made to it by any occupier of premises
(hereinafter referred to as the affected premises), a local authority is
satisfied that smoke or any other product of combustion emanating from any
premises is a nuisance to the occupier of the affected premises, that local
authority shall cause to be served on the person responsible for such nuisance
a notice calling upon him to abate the nuisance within a period determined by
the local authority after consultation with the chief officer and specified in
the notice and to take all such steps as may be necessary to prevent a
recurrence of the nuisance.
(2) For
the purposes of subsection (1) smoke which is prejudicial to health or which
adversely affects the reasonable comfort of the occupier or occupiers of
adjoining or nearby premises or which affects the use of such premises for the
purposes for which they are normally permitted to be used, shall be deemed to
be a nuisance and the person responsible for any nuisance referred to in that
subsection shall be—
(a) if
the nuisance is due to defects in any building erected or adapted by the owner
or a predecessor in title of the premises in question for the carrying on of
the activities giving rise to the nuisance, or to any plant or appliance
installed by the owner or such a predecessor in title or for the maintenance of
which the owner is responsible, the owner of such premises; and
(b) in any other case, the occupier of such premises.
(3) A
notice under subsection (1) may be served—
(a) upon
the owner of any premises, by delivering it to him or his agent or transmitting
it by post under registered cover to him or his agent at his last known address
or the last known address of such agent, as the case may be, or, if his address
and the address of his agent are unknown, at the address where the premises are
situated;
(b) upon the occupier of the premises, by delivering it to such
occupier or his agent or transmitting it by post to such occupier under
registered cover at the address where the premises are situated.
(4) Any
person who fails to comply with any notice under subsection (1) shall be guilty
of an offence, and the court convicting any person of any such offence, shall,
apart from any penalty which may be imposed in respect of that offence, order
the person convicted to take such steps as may be necessary to prevent a
recurrence of the nuisance within a period determined by the court.
(5) Where
it is necessary in order to comply with any notice under subsection (1) for the
person upon whom such notice is served to carry out any works or install any
appliances, he may apply to any court having jurisdiction for an order
directing the owner of the affected premises to contribute towards the cost of
carrying out such works or installing such appliances.
(6) On
an application under subsection (5) the court may, if it is satisfied that the
relevant building on the affected premises was erected after the process from
which the smoke or other products giving rise to the nuisance emanates, was put
into operation and that it is equitable to require the owner of the affected
premises to pay or contribute a share of the cost of carrying out the work or
installing the appliances in question, order him to pay such cost or contribute
such share as it may determine towards such cost, as the court may in the
circumstances consider equitable, but not exceeding the amount by which the
value of the premises will be enhanced in consequence of the removal of the
nuisance.
(7) If
within a period of one month after the conviction of any person charged with an
offence under subsection (4), steps have not been taken to the satisfaction of
the local authority concerned with a view to the abatement of the nuisance
which gave rise to the conviction, the local authority may itself execute such
works and install such appliances and take such other steps as it may consider
necessary to abate such nuisance and recover the cost thereby incurred from the
person convicted: Provided that if any person has under subsection (6) been
ordered to pay or contribute towards the cost involved in abating the nuisance,
the local authority may in its discretion recover from that person so much of
the amount, if any, which that person is in terms of the order required to pay,
as remains unpaid, and such person shall in that event be discharged from
liability under the order to the extent of the amount so recovered.
18. Smoke
control regulations.—(1) A local authority
may make regulations—
(a) prohibiting
the emission or emanation from any premises of smoke which is of a darker
colour or greater density or content than is specified in such regulations
after the appliance or appliances from which such smoke emanates have been
started but excluding specified periods during which a furnace is being
overhauled or the period of any breakdown or disturbance;
(b) prohibiting
the installation in any premises or the alteration or extension of any fuel
burning appliance which does not comply with such requirements as may be
specified in such regulations or determined by a person authorized thereto by
or in accordance with such regulations or otherwise than in accordance with and
subject to such conditions as may be so specified or determined;
(c) requiring
or authorizing the removal of any fuel burning appliance which has been
installed, extended or altered or is being used in contravention of any such
regulation or otherwise than in accordance with any condition imposed by or
under any such regulation;
(d) prohibiting
the use or sale for use of solid fuel or the use in a dwelling-house of any
fuel burning appliance which does not comply with such requirements as may be
specified in the regulations or determined by a person authorized thereto by or
in accordance with such regulations, except in such cases and on such
conditions as may be so specified or determined;
[
Wording
of Sections
(e) prescribing
the records to be kept and the returns to be rendered to the local authority by
any person who has in his possession or under his control any fuel burning
appliance, as to the quantity, nature and type of fuel consumed by such
appliance, and the form in which such records shall be kept and the form in
which and the times at which such returns shall be rendered;
( f ) providing for the inspection of fuel
burning appliances, whether or not installed in any premises, and the powers
and functions of persons engaged in such inspection;
(g) requiring
the owner or occupier of any premises in or on which any fuel burning appliance
is used, or in or on which any fuel or any fuel of a particular type is
consumed at the rate or above the rate specified in the regulations, to
install, maintain and use at his own expense such apparatus as may be specified
in such regulations or determined by the local authority or a person designated
by it or specified in the regulations, for the purpose of indicating or
recording the colour, density or content of such smoke as may be emitted by
such appliance or as may emanate from the premises in or on which it is used or
may be emitted by the fuel so consumed, and for the purpose of facilitating the
observance of such smoke with a view to determining its colour, density or
content, and requiring such owner or occupier to make available to the local
authority any results recorded by or ascertained by means of such apparatus;
(h) prescribing
such requirements in respect of the provision of heating or cooking facilities
in buildings as the local authority may consider necessary for reducing to a
minimum the emanation of smoke from such buildings, and prohibiting the
installation in any building of any appliances other than specified types of
appliances or any appliances which do not comply with the requirements so
prescribed;
(i) providing for the constitution, functions and procedure of
any committee established under section twenty-two;
( j) prescribing the manner in which appeals under section
22 (3) shall be submitted, the amount, if any, to be deposited with the
local authority in respect of any such appeal, and the procedure for dealing
with any such appeal, and providing for the refund of any amount so deposited
if the appeal is successful; and
[
Wording
of Sections
(k) generally for the effective control of the emission or
emanation of smoke from any premises.
(2) Different
regulations may be made under subsection (1) in respect of different parts of
the area under the control of a local authority or different classes of
premises or premises used for different purposes or in respect of different
times or of different periods of the year, and any such regulations may provide
for exemption from compliance therewith in such cases and under such
circumstances and on such conditions as may be prescribed in such regulations.
(3) Any
such regulations may provide that for the purpose of determining the density of
smoke, use shall be made of the chart set out in the First Schedule or of any
other method of determination specified in such regulations.
(4) Such
regulations 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 two 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 one
thousand rand or, in default of payment, imprisonment for a period of one year.
(5) No
such regulation shall have any force or effect unless it has been approved by
the Minister on the recommendation of the committee (and in the case of any
regulations under paragraph (d) or (h) of subsection (1) also after
consultation with the Minister of Trade and Industry), and has been promulgated
by the Minister by notice in the Gazette.
[Sub-s. (5) substituted by
s. 8 (c) of Act No. 17 of 1973.]
Wording
of Sections
19. Procedure
in event of contravention of regulations.—(1) If
smoke is emitted or emanates from any premises in contravention of any
regulation made under section eighteen, the local authority concerned may,
subject to the provisions of subsection (3), cause to be served on the owner or
occupier of such premises, a notice in writing calling upon him to bring about,
within a period specified in the notice, the cessation of the emission or
emanation of such smoke from those premises.
(2) Such
a notice may be served by delivering it to the owner or occupier concerned
personally or to the person in charge of the premises in question or by
transmitting it to such owner or occupier by post under registered cover at the
address at which such premises are situated, describing him by name or as the
owner or occupier of those premises.
(3) No
such notice shall be served in respect of any premises in or on which a
scheduled process is being carried on, except after consultation with the chief
officer.
(4) In
determining the period to be specified in any such notice, the local authority
shall have regard to the nature and magnitude of the measures to be taken in
order to comply with the notice.
(5) Any
person who fails to comply with any such notice, shall
be guilty of an offence.
(6) (a) If
after the expiration of a period of one month from the date of the conviction
of any person of an offence under subsection (5), steps have not been taken to
the satisfaction of the local authority concerned to comply with the relevant
notice, that local authority may cause such works to be undertaken and such
appliances to be installed and such other measures to be taken as it may
consider necessary to bring about the cessation of the emission or emanation of
the smoke which was the subject of the notice, and recover the cost incurred
from the person upon whom the notice was served.
(b) Any
amount recoverable under paragraph (a), together with interest thereon
calculated at the rate of six per cent per annum with effect from the date upon
which such amount became due, shall, notwithstanding anything to the contrary
in any law contained, form a first charge against the land upon which the
premises in question are situated, and shall rank in priority to all other
debts whatsoever other than expenses, costs, fees and charges referred to in
section eighty-nine of the Insolvency Act, 1936 (Act No. 24 of 1936).
(7) The
fact that any regulation made under section eighteen defines the permissible
density or colour of smoke by reference to the chart set out in the First
Schedule, shall not prevent any court from determining on other evidence submitted
to it, the density or colour of smoke for the purposes of any proceedings under
that section whether or not there has been any comparison with the said chart.
20. Establishment
of smoke control zones.—(1) A local
authority may by order confirmed by the Minister after consultation with the
committee, and promulgated by the Minister by notice in the Gazette—
(a) declare the area within its jurisdiction or any part of that
area to be a smoke control zone; and
(b) prohibit the emanation or emission from any premises in that
zone of smoke of a darker colour or greater density or content than is
specified in the order.
[Sub-s. (1) substituted by s. 9 (a) of Act
No. 17 of 1973.]
Wording
of Sections
(2) For
the purposes of subsection (1), the area under the jurisdiction of a local
authority includes any area in respect of which that local authority is
empowered to exercise any powers under this Act.
(3) An
order under subsection (1)—
(a) may apply to all premises or to specified premises or
classes of premises or to premises used for specified purposes or for purposes
other than specified purposes;
(b) may
prescribe different requirements in respect of different portions of a smoke
control zone or for different classes of premises or for premises used for
specified purposes or for purposes other than specified purposes and premises
not so used;
(c) may
provide for exemption, on such conditions as may be specified in the order,
from the provisions thereof in respect of specified premises or classes of
premises or premises used for specified purposes or for purposes other than
specified purposes and premises not so used, or in respect of specified fuel
burning appliances or types of such appliances; and
(d) may provide for the operation of any regulation made under
section eighteen to be suspended in respect of any area in respect of which the
order applies.
(4) Before
submitting an application to the Minister for confirmation of an order in terms
of subsection (1), the local authority shall publish in three consecutive
issues of an Afrikaans newspaper and in three consecutive issues of an English
newspaper circulating in its area of jurisdiction, a notice in Afrikaans and
English, respectively, of its intention to make such application, and—
(a) stating the general effect of the order;
(b) describing the area to which the order is to apply; and
(c) stating that within one month after the date of the first
publication of such notice any person may object to the confirmation of the
order by giving notice in writing to the Minister and sending a copy of the
notice so given to the town clerk concerned.
(5) (a) Where
any objection is so lodged, the Minister may, if he considers it advisable to
do so, refer the objection to any sub-committee appointed under section four in
respect of the area in question or, if there is no such sub-committee, to the
committee or to a special committee consisting of one or more persons appointed
by the Minister, for enquiry into and report upon the advisability or otherwise
of confirming the order, and if an objection is so referred, the order in
question shall not be confirmed by the Minister until he has received and
considered the report of the sub-committee or the committee or special
committee to which the objection has been referred.
(b) Notice
that any such objection has been referred to any sub-committee or the committee
or any special committee, and of the subject matter of the enquiry to be
undertaken by such sub-committee or the committee or such special committee,
shall be published in Afrikaans and English, respectively, in an Afrikaans
newspaper and in an English newspaper circulating in the area of the local
authority concerned together with a notification that the person who lodged the
relevant objection may, subject to the approval of the sub-committee or the
committee or special committee to which the objection has been referred, submit
representations in connection with the objection to such sub-committee or the
committee or such special committee.
(6) Subject
to the provisions of subsection (4), the Minister may confirm any such order
either with or without modification, or may refuse to confirm such order, and
where the order is confirmed, notice of the confirmation, and of the general
effect of the order as so confirmed, shall be published by the local authority
in Afrikaans and in English, respectively, in an Afrikaans newspaper and in an
English newspaper circulating in the area of jurisdiction of the local
authority.
(7) Any
expenses incurred by the Minister under this section shall be defrayed by the
local authority.
(8) An
order which has been confirmed by the Minister shall come into operation on a
date to be determined by the Minister and specified in the notice by which the
order is promulgated, not being a date earlier than nine months from the date
on which the order was confirmed.
(9) An
order under this section may contain such provisions as the Minister may
consider expedient—
(a) for
enabling the occupier of any premises within the area to which the order
relates who has to incur expense in executing works or providing, altering or
adapting fixtures, fittings or appliances for the purpose of complying with the
order, to enter into and fulfil agreements with the owner of such premises, making
such variations of the terms of the lease or tenancy of the premises as may be
reasonable having regard to the expense to be incurred and other relevant
circumstances; and
(b) for enabling any such occupier who is unable to make an
agreement with the owner concerned under paragraph (a) of this subsection to
apply to any competent court for an order making such variation of the terms of
the lease or tenancy of the premises as aforesaid, and for enabling the court
to make such an order.
(10) An
order under subsection (1) may be amended or withdrawn by another order made by
the local authority and confirmed by the Minister, and such order shall be
promulgated by the Minister by notice in the Gazette, and the provisions of
subsections (3) to (7) inclusive shall mutatus mutandis apply with reference to
any amendment of such an order.
[Sub-s. (10) substituted by
s. 9 (b) of Act No. 17 of 1973.]
Wording
of Sections
(11) Any
person who contravenes or fails to comply with the provisions of any order
under subsection (1) shall be guilty of an offence.
(12) Where
any exemption is granted in terms of paragraph (c) of subsection (3) on the
condition that a particular type of fuel is to be used, it shall in proceedings
for an offence under this section be a defence to prove that the emission of
smoke was not caused by the use of any fuel other than that authorized.
(13) (a) A
local authority may, either alone or jointly with one or more other local
authorities, appoint as many full-time smoke control officers as the Minister
may approve, to enforce compliance, within its area of jurisdiction, with any
order under subsection (1) (b).
(b) The
Minister may, out of moneys appropriated by Parliament for the purpose, refund
to a local authority such portion of the salary of any such full-time smoke
control officer approved by the Minister and paid by it as is prescribed by
regulation under section 44 (dB).
(c) The
refund of a portion of a salary in terms of paragraph (b) shall be discontinued
with effect from the date from which no order under subsection (1) (a)
applies any longer in respect of the local authority concerned.
[Sub-s. (13) added by
s. 9 (c) of Act No. 17 of 1973.]
21. Contracts
for the supply of fuel.—A local authority may, notwithstanding the provisions
of any law, with the consent of the Premier of the province in which the area
of such local authority is situated and of the Minister of Trade and Industry
and the Minister in such a manner and subject to such conditions as it may deem
fit, enter into a contract with any natural person or any body corporate for
the supply, by such person or body to users, of any fuel which will facilitate
or render possible the application of or compliance with the regulations made
by such local authority in terms of this Part, and may, subject to such
consent, without prejudice to its general powers under this section, indemnify
or guarantee any producer or supplier of fuel against any loss, or itself act
as wholesale or retail dealer in such fuel or make a contribution towards the
cost of producing such fuel or the cost of establishing an industry for the
production of such fuel.
22. Delegation
of powers by local authority.—(1) A local
authority may in such manner and subject to such conditions as it may think
fit, delegate to any of its officers or servants, or to any committee
constituted as provided in subsection (2), any of the powers conferred on it by
this Part, except the powers conferred by section eighteen or twenty.
(2) Any
such committee may consist—
(a) wholly of members of the governing body of the local
authority; or
(b) partly of such members and partly of officials of such
governing body; or
(c) wholly of such officials; or
(d) wholly of persons who are not such members or officials; or
(e) partly of such members or officials and partly of persons
who are not such members or officials.
(3) Any
person upon whom any notice is served under section seventeen or nineteen by an
officer or servant of a local authority by virtue of a delegation under
subsection (1) of this section, may within fourteen days after receipt of such
notice, appeal to the local authority which shall have power to confirm or
withdraw the notice.
23. Power
to enter upon premises.—(1) A local authority may authorize any
person to enter any premises, except the explosives area of any explosives
factory, for the purpose of making any investigation in connection with the
emission or emanation of smoke or in connection with any fuel burning
appliance, or for the purpose of executing any work or taking any steps which
the local authority is authorized by this Act to execute or take: Provided that
no such person shall enter any part of a building used for residential purposes
without the consent of the occupier thereof.
(2) Any
such person shall be provided with a certificate signed by an officer
designated by the local authority and indicating that he has been so
authorized.
(3) Subject
to the proviso to subsection (1), any person who fails to give or refuses
admission to a person so authorized after the production by that person of the
certificate issued to him under subsection (2), or who obstructs or interferes
with any such person in the performance of his functions under this section,
shall be guilty of an offence.
24. Information
to be supplied to local authorities.—(1) A
local authority may by notice in writing served on—
(a) the
owner or occupier of any premises from which smoke is emitted or emanates,
require such owner or occupier to furnish within the time and to the officer of
such local authority specified in the notice, such information as to the fuel
burning appliances in such premises and the fuel or waste burned in such
appliances as the local authority may require;
(b) any person selling fuel within its area of jurisdiction,
require such person to furnish within the time and to the official specified in
the notice—
(i) such information as to the quantity, type and source of the
fuel sold by such person as may be specified in the notice; and
(ii) information
as to the quantity, type and source of every quantity of not less than five
tons of fuel sold by him to any single buyer on any one occasion, and the
address at which the fuel sold was delivered.
(2) Any
person who fails to comply with any such notice or who in reply to such a
notice knowingly furnishes any information which is false or misleading in any
material respect, shall be guilty of an offence.
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.
[Sub-s. (1) substituted by s. 28 of Act No. 88 of 1996.]
Wording
of Sections
(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.
26. Expenditure
by local authority.—A local authority may incur
expenditure in connection with the exercise of the powers and the performance
of the functions conferred or imposed upon it by this Act, and may—
(a) with
the approval of the Premier of the province concerned, given after
consideration of a recommendation to that effect from the committee or a
sub-committee thereof, incur expenditure out of its revenue and, where any loan
has been authorized, out of moneys borrowed by the local authority, for the purpose
of making loans or grants to persons in connection with the installation or
improvement of fuel burning appliances and equipment designed to prevent or
minimize the emission of smoke or of electrical or other equipment in the stead
of such appliances;
(b) undertake or contribute towards the cost of investigations
and research relevant to the problem of atmospheric pollution;
(c) arrange for the publication of information on the problem of
atmospheric pollution and for the delivery of lectures and addresses and the
holding of discussions thereon.
PART
IV
DUST
CONTROL
27. Dust
control areas.—(1) The Minister may, after
consideration of a report by the committee and after consultation with the
Minister of Trade and Industry, by notice in the Gazette—
(a) declare any area to be a dust control area for the purposes
of this Act;
(b) include any area in or exclude any area from a dust control
area.
(2) The
Minister may, after consideration of a report by the committee, by notice in
the Gazette withdraw any notice under subsection (1).
28. Steps
to be taken by certain persons for preventing atmospheric pollution by
dust.—(1) Any person who in a dust control
area—
(a) carries
on any industrial process the operation of which in the opinion of the chief officer
causes or is liable to cause a nuisance to persons residing or present in the
vicinity on account of dust originating from such process becoming dispersed in
the atmosphere; or
(b) has
at any time or from time to time, whether before or after the commencement of
this Act, deposited or caused or permitted to be deposited on any land a
quantity of matter which exceeds or two or more quantities of matter which
together exceed twenty thousand cubic metres in volume, or such lesser quantity
as may be prescribed, and which in the opinion of the chief officer causes or
is liable to cause a nuisance to persons residing or present in the vicinity of
such land on account of dust originating from such matter becoming dispersed in
the atmosphere,
[
Wording
of Sections
shall
take the prescribed steps or (where no steps have been prescribed) adopt the
best practicable means for preventing such dust from becoming so dispersed or
causing such nuisance.
(2) For
the purposes of subsection (1) the expression “best practicable means” includes
in any particular case any steps within the meaning of that expression as
defined in section one which may be determined by the chief officer and
specified in a notice signed by him and delivered or transmitted by registered
post to the person who is in terms of the said subsection required to adopt
such means.
(3) Any
person who fails to comply with the provisions of subsection (1) shall be
guilty of an offence.
29. Prevention
of atmospheric pollution by dust by owners or occupiers of land in certain
circumstances.—(1) Whenever in the opinion of the chief officer dust
originating on any land in a dust control area and in relation to which the
provisions of paragraph (b) of subsection (1) of section twenty-eight do not
apply, is causing a nuisance to persons residing or present in the vicinity of
that land, he may by notice in writing delivered or transmitted by registered
post to the owner or occupier of the land require such owner or occupier to
take the prescribed steps or (where no steps have been prescribed) adopt the
best practicable means for the abatement of such nuisance.
(2) No
requirement shall be imposed under subsection (1) upon an occupier of land who
is not the owner thereof, unless the chief officer is of the opinion that the
dust in question is caused by activities carried on by such occupier or that it
is equitable, having regard to the duration of the period for which he is
entitled to remain in occupation of such land or other relevant circumstances,
to require him to take any steps or adopt any means contemplated in that
subsection.
(3) In
this section the expression “best practicable means” has the meaning assigned
thereto in subsection (2) of section twenty-eight.
(4) Any
person who fails to comply with the requirements of any notice under subsection
(1) shall be guilty of an offence.
30. Procedure
where special circumstances exist.—(1) If in any case where the
provisions of paragraph (b) of subsection (1) of section 28 apply, the person
liable to take any steps or adopt any means prescribed in that subsection is
deceased or has (in the case of a corporate body) ceased to exist, or the
Minister is of the opinion that it would in all the circumstances be impracticable
or inequitable to require such person to take such steps or adopt such means,
the Minister may, in consultation with the Minister of Finance, and after
consultation with the Premier of the province in which the dust control area is
situated, the committee and any local authorities which in the opinion of the
Minister may be concerned, cause such steps to be taken or such means to be
adopted by the chief officer or any such local authority which is willing to do
so or by any other person designated by the Minister, and direct that the cost
involved, except so much (if any) as may be paid from any Dust Control Levy
Account which may be established under section 31, shall be paid by the State,
any such local authorities and the owner concerned to such an extent or in such
proportions as may be determined by the Minister in consultation with the
Minister of Finance and after consultation with the said Premier, the committee
and any such local authorities: Provided that the Minister may in consultation
with the Minister of Finance exempt any such local authority or owner from
payment of any amount in respect of such cost if he is of the opinion that such
local authority or owner is not financially in a position to pay such amount or
that it would be impracticable or inequitable to require such local authority
or owner to pay such amount.
[Sub-s. (1) substituted by s. 11 (a) of Act No. 17 of 1973.]
Wording
of Sections
(2) The
Minister shall cause any such local authority or owner to be advised in writing
of any amount which that local authority or owner is required to pay in
pursuance of any determination under sub-section (1) and of the time at which
such amount or (if it is to be paid in instalments) any instalment thereof
shall be payable.
(3) Any
amount or instalment payable as aforesaid may be recovered from the local
authority or owner concerned by the Minister by action in any competent court.
(4) Any
amount payable as aforesaid by the State shall be paid out of moneys
appropriated by Parliament for the purpose.
(5) For
the purposes of this section “owner”, in relation to land on which any matter
from which dust originates has been deposited at any time in the course of any
mining or prospecting activities, includes any person who is the holder of—
(a) rights granted under any law relating to mining or
prospecting for minerals to carry on mining or prospecting activities on the
said land; or
(b) any right to the use of the surface of the land in terms of
any such law.
[Sub-s. (5) substituted by s. 11 (b) of
Act No. 17 of 1973 and by s. 6 of Act No. 21 of 1981.]
Wording
of Sections
31. Establishment
of Dust Control Levy Account.—(1) The Minister may, if after
consultation with the Minister of Mineral and Energy Affairs, the Minister of
Trade and Industry and the committee, he is satisfied that special provision is
necessary to meet wholly or in part any expenditure required to be incurred for
the more effective prevention of the pollution of the atmosphere by dust,
establish an account to be known as the Dust Control Levy Account, hereinafter
referred to as the account, into which shall be paid the contributions made in
terms of subsection (3) and any moneys which may be donated to the fund or may
accrue thereto from any other source.
(2) Every
person to whom any provision of section 28 or 30 applies shall contribute to
the account as provided in this section: Provided that the Minister may, after
consultation with the Minister of Mineral and Energy Affairs, if the person
liable so to contribute is or was the holder of the rights referred to in
paragraph (a) or (b) of subsection (5) of section 30, or, in any other case,
with the Minister of Industry, Commerce and Tourism, exempt any person from
liability to contribute if he is of the opinion that it would for any other
reason be impracticable or inequitable to require such person to contribute.
[Sub-s. (2) substituted by s. 12 of Act
No. 17 of 1973.]
Wording
of Sections
(3) (a) Any such contribution may consist of a single
payment or of periodical payments on such a basis as the Minister may, after
consultation as provided in subsection (2), in each case consider appropriate,
and may vary according to the nature or magnitude of the operations carried on
or the quantities of matter deposited on any land by the person liable for
payment, or any other circumstances relating to such operations.
(b) Where
any such contribution consists of a single payment, the Minister may in his
discretion permit the person concerned to pay the amount involved by instalments.
(4) The
chief officer shall cause to be delivered or transmitted by registered post to
every person liable for the payment of any such contribution, a notice signed
by the chief officer setting out the amount payable by that person and the period
within which payment shall be effected, or, in the case of contributions
payable periodically or of a single amount payable by instalments, the times at
which such periodical amounts or instalments shall be paid, and any such notice
may require the person to whom it is addressed to furnish with any payment made
such particulars in respect of the operations carried on by him as may be
specified in the notice.
(5) All
contributions for which any person is liable under this section shall be paid
to the chief officer, who shall cause any amount so paid to him to be
transmitted to the Director-General: Environmental Affairs and Tourism to be
deposited to the credit of the account.
[Sub-s. (5) amended by s. 7 of Act No. 21
of 1981.]
Wording
of Sections
(6) Any
person who fails to pay on or before the due date any contribution for the
payment of which he is liable under this section or to furnish any particulars
required in terms of any notice under subsection (4) when making payment of any
amount in respect of any such contribution, shall be guilty of an offence.
(7) (a) The account shall be administered by the
Director-General: Environmental Affairs and Tourism, who shall cause proper
records to be kept of all moneys received and expended, and any money in the account
may subject to the directions of the Minister be applied—
(i) for the payment of any expenditure incurred in connection
with any operations undertaken with the approval of the Minister for the
purpose of the prevention of the pollution of the atmosphere by dust;
(ii) towards the payment wholly or in part of any expenditure
incurred under section thirty; and
(iii) to meet wholly or in part any
expenditure incurred or to be incurred by any person in complying with any
provision of section twenty-eight or twenty-nine.
[
Wording
of Sections
(b) Any
moneys in the account which are not required for immediate use shall be
invested with the Public Debt Commissioners.
32. Prohibition
in regard to disposal of assets by mines.—(1) Whenever the Chief
Inspector as contemplated in the Mine Health and Safety Act, 1996 (Act No. 29
of 1996) is of the opinion that having regard to the known and disclosed ore
reserves of any mine, that mine is likely to cease mining operations within a
period of five years, he shall in writing advise the Minister of Mineral and
Energy Affairs and the owner of that mine accordingly and forward a copy of
such advice to the Minister.
[Sub-s. (1) amended by s. 2 of Act No. 51 of 1997.]
Wording
of Sections
(2) Notwithstanding
the provisions of the Minerals Act, 1991 (Act No. 50 of 1991), the owner
of any mine who, after the date of receipt of any notification under subsection
(1), without the consent of the Minister given after consultation with the
Minister of Mineral and Energy Affairs, disposes of any asset of that mine
before he has been furnished with a certificate by the chief officer to the
effect that the necessary steps have been taken or that adequate provision has
been made to prevent the pollution of the atmosphere by dust arising from any
matter emanating from that mine, deposited on any land in respect of which the
said owner is the holder of rights granted under any law relating to mining or
prospecting for minerals, to carry on mining or prospecting on such land, shall
be guilty of an offence.
[Sub-s. (2) amended by s. 2 of Act No. 51
of 1997.]
Wording
of Sections
(3) Any
consent given under subsection (2) may be in general terms or in respect of
specified assets and may be made subject to such conditions as the Minister may
deem fit.
33. Regulations
in regard to dust.—(1) The Minister may,
after consideration of a report by the committee, make regulations—
(a) prescribing the steps that shall be taken to prevent the creation
of a nuisance of the nature contemplated in section twenty-eight or twenty-nine
or to prevent the continuation of such a nuisance or to minimize such a
nuisance;
(b) providing
for the inspection by the chief officer or an inspector or a person authorized
under subsection (1) of section thirty-four subject to the production in the
case of any such inspector or person, to the person in charge of the premises,
of the certificate referred to in subsection (2) of section thirty-four of any
premises within a dust control area where in the opinion of the chief officer a
nuisance of the nature referred to in section twenty-eight or twenty-nine
exists or may exist;
(c) prescribing any lesser quantity than twenty thousand cubic
yards of matter in relation to which the provisions of paragraph (b) of
subsection (1) of section twenty-eight shall apply;
(d) prohibiting damage to or regulating the removal of any means
established for the abatement of a dust nuisance or potential dust nuisance, or
any equipment which is used in connection with the establishment of such means.
[
(2) Any
steps prescribed under paragraph (a) of subsection (1) may vary according to
the nature of any industrial process or any matter deposited on land in
connection with which such steps are prescribed or according to other
circumstances as the Minister may consider necessary.
(3) Regulations
under subsection (1) (d) may impose, in respect of a contravention
thereof, financial obligations in connection with the repair or replacement of
the means or equipment concerned.
[Sub-s. (3) added by
s. 13 (c) of Act No. 17 of 1973.]
34. Delegation
of powers of inspection.—(1) The chief
officer may, with the approval of the Minister, authorize any person to carry
out, subject to the directions of the chief officer, inspections in terms of
regulations made under paragraph (b) of subsection (1) of section thirty-three.
(2) Any
person who has been authorized under subsection (1) shall be furnished with a
certificate signed by the chief officer specifying the premises in respect of
which he may carry out inspections.
(3) The
chief officer or any person so authorized may without previous notice at any
time enter any premises (except the explosives area of an explosives factory)
within a dust control area where in his opinion a nuisance of the nature
referred to in section twenty-eight or twenty-nine exists or may exist:
Provided that no premises under the control of the State shall be so entered
without the prior consent of the person in charge of such premises, which
consent shall not be withheld except for reasons connected with the security of
the State.
(4) Any
person who fails to give or refuses admission to any such premises to the chief
officer or any person so authorized or who obstructs or interferes with the
chief officer or any such person in the performance of his functions under this
Part, shall be guilty of an offence.
(5) The
chief officer may at any time, with the approval of the Minister, withdraw any
authority granted under subsection (1) and shall notify the person concerned of
such withdrawal and of the date on which it shall take effect.
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.
[Sub-s. (1) substituted by s. 29 of Act No. 88 of 1996.]
Wording
of Sections
(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
36. Application
of this Part.—(1) The provisions of this
Part shall apply only in an area under the jurisdiction of a local authority in
respect of which they have been declared to be applicable by the Minister by
notice in the Gazette after consultation with the committee and the Premier of
the province in which such area is situated, and with effect from such date in
the case of any such area as may be specified in the relevant notice.
(2) No
such notice shall be issued in respect of any area except with the concurrence
of the local authority having jurisdiction in that area.
(3) Subject
to the provisions of subsection (4), the powers conferred by this Part on local
authorities shall, in respect of any area under the jurisdiction of a local
authority which is the subject of a notice under subsection (1), be exercised
by that local authority.
(4) If
after consideration of a report submitted to him by the committee the Minister
is of the opinion that a local authority has not satisfactorily exercised the
powers which it is in terms of subsection (3) required to exercise, the
Minister may, in consultation with the Minister of Finance and after
consultation with that local authority, by notice in the Gazette direct that
the said powers shall be exercised by the chief officer, and may in that event,
in consultation with the Minister of Finance, recover from that local authority
the costs incurred by the chief officer in the exercise of the said powers.
(5) The
Minister may, after consultation with the committee, by notice in the Gazette
withdraw any notice issued under this section.
(6) Any
reference in this Part to a local authority shall in relation to any area in
respect of which any powers are by virtue of a notice under subsection (4)
required to be exercised by the chief officer, be construed as a reference to
the chief officer.
37. Procedure
in event of contravention of regulations.—(1) A person authorized
thereto by a local authority may require the driver of any vehicle on any
public road situated within the area under the jurisdiction of that local
authority which is the subject of a notice under section 36 (1) to stop
such vehicle, and may carry out the prescribed examination of any vehicle on
such a road or serve or cause to be served upon the person registered under any
law as the owner of such vehicle a notice in writing calling upon him to make
that vehicle available, within a period and at a place specified in the notice,
for the prescribed examination by the person so authorized or a person
designated by him.
(2) If
after examination of any vehicle under subsection (1), the person who carried
out the examination is satisfied that noxious or offensive gases are being
emitted from such vehicle contrary to the provisions of any regulation made
under section 39, such person shall serve or cause to be served on the person
registered under any law as the owner of that vehicle a notice in writing
calling upon him to take the necessary steps for preventing the emission of the
said noxious or offensive gases from that vehicle and to make the vehicle
available, within a period and at a place specified in the notice, for
examination by the person authorized as contemplated in subsection (1), or a
person designated by him.
(3) A
notice under this section shall be served on the owner of the vehicle referred
to in the notice by delivering it to him or by transmitting it to him by
registered post at his last known address.
(4) Any
person who fails to comply with a requirement or with the provisions of any
notice under this section shall be guilty of an offence.
[S. 37
substituted by s. 14 of Act No. 17 of 1973.]
Wording
of Sections
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.
[Sub-s. (1) substituted by s. 30 of Act No. 88 of 1996.]
Wording
of Sections
(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.
[S. 38
substituted by s. 15 of Act No. 17 of 1973.]
Wording
of Sections
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).
[Sub-s. (1) substituted by s. 16 of Act No. 17 of
1973.]
Wording
of Sections
(2) Different
regulations may be made under subsection (1) in respect of different classes or
categories of vehicles.
40. Delegation
of powers of inspection.—(1) Any local
authority in respect of whose area of jurisdiction a notice under subsection
(1) of section thirty-six is in operation may authorize any person in its
employ to detain and inspect any vehicle on any public road within such area or
to inspect any vehicle which is the subject of a notice under subsection (2) of
section thirty-seven.
(2) Any
person who has been authorized under subsection (1) shall be provided with a
certificate signed by an official designated by the local authority and
indicating that such person has been so authorized.
(3) Any
person authorized under subsection (1) may upon production by him, to the
person in charge of the vehicle, of the certificate referred to in subsection
(2)—
(a) at
any time detain or enter and examine any vehicle on a public road within the
area of jurisdiction of the local authority by which he is employed if he is of
the opinion that such vehicle emits fumes contrary to any regulation made under
paragraph (a) of subsection (1) of section thirty-nine; or
(b) enter and examine any vehicle which is the subject of a
notice under subsection (2) of section thirty-seven.
(4) Any
person who fails to stop a vehicle on a public road as aforesaid when so
requested by any person authorized under subsection (1) or who fails to give or
refuses admission to such vehicle to any person so authorized or who obstructs
or interferes with any person so authorized in the performance of his functions
under this section, shall be guilty of an offence.
PART
VI
GENERAL
PROVISIONS
41. Disclosure
of information.—(1) No person shall disclose any information
relating to any manufacturing process or trade secret used in carrying on any
particular undertaking which has been furnished to or obtained by him under
this Act unless the disclosure is made—
(a) with the consent of the person carrying on that undertaking;
or
(b) in connection with the performance of his functions under
this Act; or
(c) for the purpose of legal proceedings arising out of this
Act.
(2) Any
person who discloses any information in contravention of the provisions of
subsection (1) shall be guilty of an offence.
42. Court
may authorize works and order payments.—If works are
reasonably necessary in or in connection with a building, in order to enable
the building to be used for any particular purpose without contravention of any
of the provisions of this Act or any regulations made thereunder, the occupier
of the building may—
(a) if
by reason of a restriction affecting his interest in the building he is unable
to carry out the works without the consent of the owner of the building or some
other person interested therein, and is unable to obtain such consent, apply to
any competent court for an order authorizing him to carry out such works; and
(b) if
he considers that the whole or any portion of the cost of carrying out the
works should be borne by the owner of the building or some other person
interested therein, apply to such court for an order directing such owner or
other person to pay such cost or such portion thereof,
and the said court may on any such application make such order
as may appear to it to be just and equitable in the circumstances.
43. Right
of entry upon land, etc.—(1) The chief officer or any local
authority or any person acting under the authority of the chief officer or a
local authority or any person designated under subsection (1) of section
thirty-four may enter upon any land, not being land which constitutes the explosives
area of any explosives factory, and take with him such assistants, workmen,
vehicles, appliances, instruments and materials as he may consider necessary
for the purpose of carrying out any powers, duties or functions, or undertaking
any work contemplated in this Act.
(2) Any
person so designated entering upon land shall on demand by the person in charge
of the land produce the certificate issued to him under subsection (2) of
section thirty-four.
(3) Any
person who has been authorized under subsection (1) shall be provided with a
certificate signed by the chief officer, or an official designated by the local
authority, as the case may be, and indicating that such person has been so
authorized and any such person entering upon land shall on demand by the person
in charge of the land produce the certificate so provided.
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;
[
Wording
of Sections
(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.
[Sub-s. (2) added by s. 17 (c) of Act No.
17 of 1973.]
45. Operation
of Act in relation to other laws.—(1) The provisions of this Act
shall be in addition to and not in substitution for any other law which is not
in conflict or inconsistent with this Act.
(2) Any
regulations or by-laws made by any local authority in regard to any matter
dealt with in this Act and in force at the commencement thereof, shall, in so
far as they are not inconsistent with this Act, remain in force except in so
far as they are repealed by the Minister by notice in the Gazette.
[Sub-s. (2) substituted by s. 18 of Act
No. 17 of 1973.]
Wording
of Sections
45A. Contributions
by State towards certain expenditure incurred in connection with combating of
atmospheric pollution.—The Minister may out of moneys appropriated by
Parliament for the purpose, and in consultation with the Minister of Finance
and subject to such conditions as the Minister may in each case determine,
contribute towards the expenditure—
(a) incurred by any person in connection with research relating
to the combating of atmospheric pollution; or
(b) incurred by any local authority in connection with the
acquisition of equipment to combat atmospheric pollution.
[S.
45A inserted by s. 19 of Act No. 17 of 1973.]
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.
[S.
46 substituted by s. 20 of Act No. 17 of 1973.]
Wording
of Sections
47. Act
binds the State.—(1) The provisions of this
Act, except sections 14 to 26, inclusive, shall bind the State.
[Sub-s. (1) substituted by s. 21 (a) of Act No. 17 of 1973.]
Wording
of Sections
(2) If
at any time any chimney or fuel burning appliance of the nature contemplated in
section sixteen is to be constructed or installed in or on any premises within
a local authority area, which are under the control of the State, notice of the
intention to construct such chimney or install such appliance shall be given to
that local authority.
(3) If
at any time after the fixed date smoke in excess of the standards prescribed by
any order under section 20 (1) (b) or any regulations made under this Act is
emitted or emanates from any premises as a result of the operation of any fuel
burning appliance controlled by the State (including any provincial
administration) the local authority concerned may give notice to that effect
through the Minister to the Minister who administers the Department of State
concerned or to the Premier concerned who shall cause such steps to be taken as
may be necessary and practicable to prevent or minimise the emission of such
smoke, and furnish a report to the Minister in regard to any steps taken in
pursuance thereof: Provided that where the department concerned is administered
by the Minister such notice shall be given to the Minister who shall thereupon
cause steps to be taken as aforesaid.
[Sub-s. (3) substituted by s. 21 (b) of
Act No. 17 of 1973 and amended by s. 36 (6) of Act No. 9 of 1989.]
Wording
of Sections
(4) If
at any time after the fixed date smoke in excess of the standards prescribed by
any order under section 20 (1) (b) or any regulations made under this Act is
emitted or emanates from any premises as a result of the operation of any fuel
burning appliance controlled by Transnet Limited and The South African Rail
Commuter Corporation Limited, the local authority concerned may give notice to
that effect to the chairperson of Transnet Limited who shall cause such steps
to be taken as may be necessary to prevent or minimize the emission of such
smoke.
[Sub-s. (4) substituted by s. 21 (c) of Act No. 17 of 1973 and
amended by s. 9 (a) of Act No. 21 of 1981 and by s. 2 of Act No. 51 of 1997.]
Wording
of Sections
(5) The
chairperson of Transnet Limited shall each year furnish a comprehensive report
to the Minister setting out details of any complaints received in terms of
sub-section (4) and a brief summary of the action taken in pursuance of each
such complaint.
[Sub-s. (5) amended by s. 9 (a) of Act No. 21 of 1981 and by s. 2
of Act No. 51 of 1997.]
Wording
of Sections
(6) (a) The Minister shall each year lay on the Table
in the House of Assembly—
(i) a copy of every notice sent to him by a local authority in
terms of sub-section (3) during the preceding calendar year;
(ii) a copy of every report submitted to him in terms of
sub-section (3) or (5) during such calendar year; and
(iii) a statement as to any complaints
lodged with him during such calendar year under the proviso to sub-section (3)
and of the steps taken in pursuance thereof.
[
Wording
of Sections
(b) An
Premier shall each year lay before the provincial
council concerned—
(i) a copy of every notice sent to him by a local authority
under sub-section (3) during the preceding calendar year; and
(ii) a copy of every report sent to the Minister under
sub-section (3) during such calendar year.
48. Short
title.—This Act shall be called the Atmospheric Pollution Prevention Act, 1965.
First
Schedule
Second
Schedule
SCHEDULED
PROCESSES
[Second
Schedule amended by Government Notice No. 819 of 27 May, 1966, by Government
Notice No. 1173 of 5 July, 1968, by Government Notice No. R.1864
of 30 October, 1970, by Government Notice No. R.5 of 7
January, 1972, by Government Notice No. R.212 of 16
February, 1973, by Government Notice No. R.303 of 2
March, 1973, by Government Notice No. R.1020 of 21
June, 1974, by Government Notice No. R.2239 of 15 October, 1982, by
Government Notice No. 1353 of 26 June, 1987, by Government Notice No. R.1702 of
7 October, 1994, by Government Notice No. 420 of 15 March, 1996 and by
Government Notice No. R.401 of 14 March, 1997.]
1. Sulphuric
acid processes: That is to say, processes for the manufacture of
sulphuric acid or processes in which sulphur trioxide is evolved or used.
2. Phosphate
fertilizer processes: That is to say, processes in which any mineral
phosphate is subjected to treatment involving chemical change, and processes
for the granulating of materials containing phosphate.
3. Gas
liquor processes: That is to say, processes in which hydrogen
sulphide or any other noxious or offensive gas is evolved by the use of
ammoniacal liquor, and processes in which any such liquor is desulphurized in
any process connected with the purification of gas.
4. Nitric
acid processes: That is to say, processes in connection with the
manufacture of nitric acid or processes in which nitric acid
is recovered from nitrogen oxides or in which nitrogen oxides are
evolved.
5. Ammonium
sulphate and ammonium chloride processes: That is to say, processes
for the manufacture of ammonium sulphate or ammonium chloride.
6. Chlorine
processes: That is to say, processes in which chlorine is made or
used in any manufacturing process.
7. Hydrochloric
acid processes: That is to say, processes for the manufacture or the
bulk handling of hydrochloric acid or processes in which hydrogen chloride gas
is evolved.
8. Sulphide
processes: That is to say, chemical processes in which hydrogen
sulphide is evolved or used.
9. Alkali
waste processes: That is to say, processes in which alkali waste or
the drainage therefrom is subjected to any chemical process for the recovery of
sulphur or for the utilization of any constituent of such waste or drainage.
10. Oxide
pigment processes: That is to say, processes for the manufacture of
oxide pigments by heating metallic oxides or salts.
11. Arsenic
processes: That is to say, processes in which any
volatile compound of arsenic is evolved.
12. Carbon
disulphide processes: That is to say, processes for the manufacture,
use or recovery of carbon disulphide.
13. Sulphocyanide
processes: That is to say, any process for the manufacture of
sulphocyanide or any of its compounds.
14. Hydrocarbon
refining processes: That is to say—
(a) the
processing (such as distilling, cracking and refining) of crude shale oil,
crude petroleum, natural gas, hydrocarbons from coal and used lubricating oils;
or
(b) the bulk storage of crude petroleum and liquid petroleum
products, in storage facilities with individual tank capacities of at least
1 000 cubic metres each.
15. Bisulphite
processes: That is to say, processes in which sulphurous acid is
used in the manufacture of acid sulphites of the alkalis or alkaline earths,
and processes for the manufacture of liquid sulphur dioxide or of sulphurous
acid or any sulphite in which oxides of sulphur are evolved in any chemical
manufacturing process.
16. Tar
processes: That is to say, processes in which tar, creosote or any
other product of the distillation of tar is distilled or is heated in any
manufacturing process.
17. Zinc
processes: That is to say, processes in which, by the application of
heat, zinc is processed or extracted.
18. Benzene
processes: That is to say, processes (not being tar processes as
defined above) in which any wash oil used for the scrubbing of coal gas is
distilled.
19. Pyridine
processes: That is to say, processes in which pyridine is recovered
or used.
20. Bromine
processes: That is to say, processes in which bromine is made or is
used in any manufacturing process.
21. Hydrofluoric
acid processes: That is to say, processes in which hydrofluoric acid
is evolved or used.
22. Cement
processes: That is to say, processes in which argillaceous or
calcareous materials are used in the production of cement clinker, and
processes in which cement clinker is ground or cement is packed, and also
processes in which metallurgical slags are treated for the purpose of making
cement or cement additives.
23. Lead
processes: That is to say—
(a) processes in which, by the application of heat, lead is
melted or extracted from any material containing lead or its compounds; or
(b) processes in which compounds of lead are manufactured from
metallic lead or its compounds by methods that give rise to noxious or
offensive gases; or
(c) processes by which lead or any material containing lead or
its compounds are used or handled in such a way as to give rise to noxious or
offensive gases.
24. Fluorine
processes: That is to say, processes in which fluorine or its
compounds with other halogens are made or used or any chemical manufacturing
process in which fluorine or its compounds with other halogens are evolved.
25. Acid
sludge processes: That is to say, processes in which acid sludge
produced in the refining of coal tar, petroleum or other hydrocarbon
derivatives, is treated in such a manner as to cause the evolution of noxious
or offensive gases.
26. Alkali
processes: That is to say—
(a) the manufacture of potassium or sodium sulphate; or
(b) the
treatment of ores by common salt or other chlorides, whereby any sulphate is
formed and in which hydrogen chloride gas is evolved.
27. Roasting
processes: That is to say, processes in which sulphate and sulphide
ores, including regulas, are calcined or smelted.
28. Asbestos
processes: That is to say, processes involving the handling, grinding
or utilization of asbestos.
29. Power
generation processes: That is to say, processes in which—
(a) fuel is burned for the generation of electricity for
distribution to the public or for purposes of public transport;
(b) boilers
capable of burning fuel at a rate of not less than 10 tons per hour are used to
raise steam for the supply of energy for purposes other than those mentioned in
(a) above;
(c) any fuel burning appliance is used that is not controlled in
terms of Part III of this Act, excluding appliances in private dwellings.
30. Iron
and steel processes: That is to say, processes—
(a) in
which iron, iron ores, steel or ferro-alloys are produced or processed so as to
give rise to noxious or offensive gases; or
(b) involving the cleaning of castings and handling of casting
mould materials.
31. Copper
processes: That is to say, processes in which—
(a) by the application of heat—
(i) copper is extracted from any ore or concentrate or from any
material containing copper or its compounds; or
(ii) molten copper is refined; or
(iii) copper or copper alloy swarf is
degreased; or
(iv) copper alloys are recovered from scrap, fabricated metal,
swarf or residues by processes designed to reduce the zinc content; or
(b) copper or copper alloy is melted and cast in moulds the
internal surfaces of which have been coated with grease-bound or oil-bound
dressings: Provided that this paragraph shall not apply to processes in which
the aggregate casting capacity does not exceed 10 tons per day.
32. Aluminium
processes: That is to say, processes in which—
(a) aluminium is produced from its oxide by means of an
electrolytic furnace; or
(b) aluminium swarf is degreased by the application of heat; or
(c) aluminium
or aluminium alloys are recovered from aluminium or aluminium alloy scrap,
fabricated metal, swarf, skimmings, drosses or other residues by melting; or
(d) aluminium is recovered from slag; or
(e) molten aluminium or aluminium alloys are treated by any
process involving the evolution of chlorine or its compounds.
33. Producer
gas processes: That is to say, processes in which producer gas is
made or in which the by-products of producer gas are incinerated.
34. Gas,
coke and charcoal processes: That is to say, processes (not being
producer gas processes) in which—
(a) coal,
oil, wood or other carbonaceous materials or products of petroleum refining or
natural gas or methane from coal mines or gas derived from fermentation of
carbonaceous materials are handled or prepared for carbonisation or
gasification or reforming and in which these materials are subsequently
carbonised or gasified or reformed; or
(b) water gas is produced or purified; or
(c) coke or semi-coke is produced and quenched, cut, crushed or
graded; or
(d) gases derived from any process referred to in paragraph (a)
are subjected to purification processes.
35. Ceramic
processes: That is to say, processes in which—
(a) pottery products (including domestic earthenware and china,
sanitary ware, electrical porcelain and glazed tiles) are made in kilns fired
by coal or oil; or
(b) heavy clay or refractory goods are fired by solid, liquid or
gaseous fuels; or
(c) salt glazing of any earthenware or clay material is carried
on.
36. Lime,
dolomite and magnesite processes: That is to say, processes in which
calcium carbonate, calcium-magnesium carbonate, magnesium carbonate or calcium
sulphate are so produced or processed that noxious or offensive gases are
evolved.
37. Sulphate
reduction processes: That is to say, processes in which metallic
sulphates are reduced to the corresponding sulphides by heating with
carbonaceous matter.
38. Caustic
soda processes: That is to say, processes in which—
(a) either concentrated solutions of caustic soda or fused
caustic soda are produced in heated vessels; or
(b) black liquor produced in the manufacture of paper is
calcined in the recovery of caustic soda.
39. Waste
incineration processes: That is to say processes for the destruction
by incineration of waste that contains chemically bonded halogens, nitrogen,
phosphorus, sulphur or metal, or any other waste that can give rise to noxious
or offensive gases.
40. Beryllium
processes: That is to say, processes in which—
(a) any ore or concentrate or any material containing beryllium
or its compounds is treated for the production of beryllium or its alloys or
its compounds; or
(b) any material containing beryllium or its alloys or its
compounds is treated, processed or fabricated in any manner giving rise to
noxious or offensive gases.
41. Selenium
processes: That is to say, processes in which—
(a) any ore or concentrate or any material containing selenium
or its compounds is treated for the production of selenium or its alloys or its
compounds; or
(b) any material containing selenium or its alloys or its
compounds otherwise than as colouring matter is treated, processed or
fabricated in any manner giving rise to noxious or offensive gases.
42. Phosphorus
processes: That is to say, processes in which—
(a) phosphorus is made; or
(b) yellow phosphorus or phosphoric acid is used in any chemical
or metallurgical process.
43. Ammonia
processes: That is to say, processes in which ammonia is—
(a) made; or
(b) used in the ammonia-soda process; or
(c) used in the manufacture of carbonate, nitrate or phosphate
of ammonia or urea.
44. Hydrogen
cyanide processes: That is to say, processes in which—
(a) hydrogen cyanide is made, or any chemical manufacturing
process in which hydrogen cyanide is evolved or used; or
(b) solid sodium or calcium cyanide is made.
45. Acetylene
processes: That is to say, processes in which acetylene is made or
any chemical manufacturing process in which acetylene is used.
46. Amine
processes: That is to say, processes in which methylamine, ethylamine
or other malodorous amines are evolved or made.
47. Calcium
carbide processes: That is to say, processes in which calcium
carbide is made.
48. Aldehyde
processes: That is to say, processes in which formaldehyde or
acetaldehyde or acrolein or the methyl, ethyl or propyl derivatives of acrolein
are made.
49. Anhydride
processes: That is to say, processes in which acetic, maleic or
phthalic anhydrides or the corresponding acids are made.
50. Chromium
processes: That is to say, processes in which any chrome ore or
concentrate is treated for the production therefrom of chromium compounds or
processes in which chromium metal is made by dry methods giving rise to noxious
or offensive gases.
51. Magnesium
processes: That is to say, processes in which magnesium or magnesium
alloys or any compound of magnesium is made by dry methods giving rise to
noxious or offensive gases.
52. Cadmium
processes: That is to say, processes in which metallic cadmium is
recovered or cadmium alloys are made or any compound of cadmium is made by dry
methods giving rise to noxious or offensive gases.
53. Manganese
processes: That is to say, processes in which manganese or its
alloys or any compound of manganese is made by dry methods giving rise to
noxious or offensive gases.
54. Metal
recovery processes: That is to say, processes in which metal is
recovered from any form of scrap material containing combustible components.
55. Galvanising
processes: That is to say, processes involving coating with zinc by dipping
into molten metal, including pickling and fluxing giving rise to noxious or
offensive gases.
56. Bagasse
incineration processes: That is to say, processes involving the
combustion of bagasse.
57. Metal
spray processes: That is to say, processes in which any metal is
deposited on to a surface in the form of a spray through the application of
heat in such a way as to give rise to noxious or offensive gases.
58. Macadam
preparation processes: That is to say, processes in which crushed
stone is heated or dried, with or without the addition of tar or bituminous
binders, for the purpose of preparing road surfacing or paving material.
59. The
bulk storage and handling of ore or coal: That is to say, the
storage and handling of ore or coal at dumps designed to hold 100 000 tons
or more and not situated on the premises of a mine or works as defined in the
Mines and Works Act, 1956.
60. Vanadium
processes: That is to say, processes in which vanadium pentoxide or
vanadium carbide is manufactured or handled in such a way as to give rise to
noxious or offensive gases.
61. Antimony
processes: That is to say, processes in which antimony or its alloys
or any compound of antimony is made by dry methods giving rise to noxious or
offensive gases.
62. Mercury
processes: That is to say, processes in which mercury or any
compound of mercury is treated or recovered by the application of heat.
63. Silicon
processes: That is to say, processes in which metallic silicon is
made by the application of heat.
64. Carbon
black processes: That is to say, processes in which carbon black is
produced or used.
65. Glass
processes: That is to say, processes in which glass is manufactured.
66. Metallurgical
slag processes: That is to say, processes in which the use of
metallurgical slag gives rise to noxious or offensive gases.
67. Wood-burning
and wood-drying processes: That is to say, processes in which wood
is burned or subjected to heat in such a manner as to give rise to noxious or
offensive gases that are not controlled in terms of Part III of the Act.
68. Paper
and paper pulp processes: That is to say, processes in which pulp or
paper is manufactured in any manner giving rise to noxious or offensive gases.
69. Animal
matter reduction processes: That is to say, processes for the
rendering, cooking, drying, dehydrating, digesting, evaporating or protein
concentrating of any animal matter not intended for human consumption.
70. Acrylonitrile
processes. That is to say, processes in which acrylonitrile is
manufactured or any manufacturing process in which acrylonitrile is used.
71. Nickel
processes. That is to say, dry processes in which nickel or nickel
alloys or any nickel compound is manufactured, giving rise to noxious or
offensive gasses.
72. Vinyl
chloride monomer processes: That is to say, processes in which vinyl
chloride monomer is manufactured or used.
CONCLUSIONS
In
the quest to find the ideal environment to place a child who is the victim of a
custody dispute, it may be remembered that it is the functionality and not the
structure of the family that predetermines parental capacity to socialise
children adequately. Sociological patterns in the community have changed
drastically over the last twenty years. Currently divorce is a common phenomenon
in most cultures. A succession of monogamous marriages is at present the norm
rather than the exception. Children of divorced parents have the inalienable
right to love and respect both parents, regardless of their marital status.
Divorce, however, is not conducive to such an ideal. It can categorically be
stated that it the basic right of any child to be placed in environment where
the most good and least harm will come to it. This placement should be decided
on with the best interests of the child and not the rights of the parents in
mind.
Role
stereotypes have changed drastically from traditional gender role expectations
to greater equality between the sexes. “Mothering” no longer refers to the
functions only performed by a mother - it rather describes the function which
may be performed by a parent of any gender and refers to care-giving and
nurturing.
The
Ideal is to evaluate the custody dispute in a multi-disciplinary team
consisting of at least a legal representative, social worker and clinical
psychologist. The behavioural experts in the team have the task of answering
questions relating to the parental fitness of the parties honestly and
objectively. The emphasis is on prevention and intervention on a positive
level, isolating and resolving disputes rather than fanning the flames of
acrimony. It is vastly preferable to mediate a custody dispute than to have
recourse to litigation. The latter is notorious for driving in wedges instead
of building bridges.
At
present there is a sharp focus on acts of alienation committed by one parent
against the other and rightly these acts should be strongly condemned. A
negative influence may fairly be drawn against any parent seeking to alienate a
child from the other.
In
the past the Bench had, to a large extent, to rely on its own judgment in
implementing a rigid set of rules and principles to decide a custody dispute.
Today the presiding judge has recourse to the services of the family advocate
who in turn has access to numerous experts available to assess the individual
needs and situations.
Unfortunately
Utopia has been attained. There is an immense shortage of the funds available
for the appointment of qualified experts to evaluate parenting skills and the
best environment for a custody placement. The services of experts are expensive
and often out of reach of the ordinary litigant.
ATMOSPHERIC
POLLUTION PREVENTION AMENDMENT ACT
NO.
15 OF 1985
[ASSENTED
TO 12 MARCH, 1985]
[DATE
OF COMMENCEMENT: 3 APRIL, 1985]
(Afrikaans
text signed by the State President)
ACT
To
amend the Atmospheric Pollution Prevention Act, 1965, so as to define the word
“Minister” anew; to extend the definition of “local authority”; and to
substitute a certain expression.
1. Amends
section 1 of the Atmospheric Pollution Prevention Act, No. 45 of 1965, as
follows:—paragraph (a) substitutes the definition of “Minister”; and paragraph
(b) substitutes the definition of “local authority”.
2. Substitution
of certain expression in Act 45 of 1965.—The Atmospheric Pollution Prevention
Act, 1965, is hereby amended by the substitution for the expression
“Director-General: Health, Welfare and Pensions”, wherever it occurs, of the
expression “Director-General: Health and Welfare”.
3. Short
title.—This Act shall be called the Atmospheric Pollution Prevention Amendment
Act, 1985.
ATMOSPHERIC
POLLUTION PREVENTION AMENDMENT ACT
NO.
17 OF 1973
[ASSENTED
TO 26 MARCH, 1973]
[DATE
OF COMMENCEMENT: 4 APRIL, 1973]
(Unless
otherwise indicated)
(Afrikaans
text signed by the State President)
ACT
To
amend the Atmospheric Pollution Prevention Act, 1965, so as to define or
further define certain expressions; to further regulate certain appeals; to
further regulate the use of certain premises and certain fuel burning
appliances; to further regulate the making of regulations and the issuing of
orders by local authorities; to futher regulate the appointment of smoke
control officers and the payment of their salaries; to further regulate the
making of regulations as to, and responsibility for, dust control; to better
combat atmospheric pollution by vehicles; to provide for contributions by the
State towards the defrayal of expenses incurred in connection with the
combating of atmospheric pollution; and to increase certain prescribed
penalties; and to provide for matters connected therewith.
1. Amends
section 1 (1) of the Atmospheric Pollution Prevention Act, No. 45 of 1965,
as follows:—paragraph (a) substitutes the definition of “fixed date”; and
paragraph (b) inserts the definition of “sell”.
2. Amends
section 5 (1) of the Atmospheric Pollution Prevention Act, No. 45 of 1965,
by substituting paragraph (a).
3. Amends
section 9 (1) of the Atmospheric Pollution Prevention Act, No. 45 of 1965,
as follows:—paragraph (a) substitutes paragraph (b); and paragraph (b) substitutes paragraph (c).
4. Amends
section 10 (2) of the Atmospheric Pollution Prevention Act, No. 45 of
1965, as follows:—paragraph (a) substitutes the words preceding paragraph (a);
and paragraph (b) substitutes in paragraph (b) the words preceding subparagraph
(i).
5. Amends
section 13 (1) of the Atmospheric Pollution Prevention Act, No. 45 of
1965, by substituting paragraph (b).
6. Amends
section 14 of the Atmospheric Pollution Prevention Act, No. 45 of 1965, by
substituting subsection (6).
7. Amends
section 15 (1) of the Atmospheric Pollution Prevention Act, No. 45 of
1965, by substituting paragraph (b).
8. Amends
section 18 of the Atmospheric Pollution Prevention Act, No. 45 of 1965, as
follows:—paragraph (a) substitutes subsection 1 (d); paragraph (b)
substitutes subsection 1 ( j); and paragraph (c) substitutes
subsection (5).
9. Amends
section 20 of the Atmospheric Pollution Prevention Act, No. 45 of 1965, as
follows:—paragraph (a) substitutes subsection (1); paragraph (b) substitutes subsection
(10); and paragraph (c) adds subsection (13) (date of
commencement 1 April, 1974).
10. Amends
section 28 (1) of the Atmospheric Pollution Prevention Act, No. 45 of
1965, by substituting paragraph (b).
11. Amends
section 30 of the Atmospheric Pollution Prevention Act, No. 45 of 1965, as
follows:—paragraph (a) substitutes subsection (1); and paragraph (b)
substitutes subsection (5).
12. Amends
section 31 of the Atmospheric Pollution Prevention Act, No. 45 of 1965, by
substituting subsection (2).
13. Amends
section 33 of the Atmospheric Pollution Prevention Act, No. 45 of 1965, as
follows:—paragraph (a) deletes the word “and” at the end of subsection
(1) (b); paragraph (b) adds subsection
(1) (d); and paragraph (c) adds subsection (3).
14 and 15. Substitute respectively sections 37
and 38 of the Atmospheric Pollution Prevention Act, No. 45 of 1965.
16. Amends
section 39 of the Atmospheric Pollution Prevention Act, No. 45 of 1965, by
substituting subsection (1).
17. Amends
section 44 of the Atmospheric Pollution Prevention Act, No. 45 of 1965, as
follows:—paragraph (a) deletes the word “and” at the end of paragraph (d);
paragraph (b) inserts paragraphs (dA) and (dB); and paragraph (c) adds
subsection (2), the existing section becoming subsection (1).
18. Amends
section 45 of the Atmospheric Pollution Prevention Act, No. 45 of 1965, by
substituting subsection (2).
19. Inserts
section 45A in the Atmospheric Pollution Prevention Act, No. 45 of 1965.
20. Substitutes
section 46 of the Atmospheric Pollution Prevention Act, No. 45 of 1965.
21. Amends
section 47 of the Atmospheric Pollution Prevention Act, No. 45 of 1965, as
follows:—paragraph (a) substitutes subsection (1); paragraph (b) substitutes
subsection (3); and paragraph (c) substitutes subsection (4).
22. Short
title and commencement.—This Act shall be called the Atmospheric Pollution
Prevention Amendment Act, 1973, and section 9 (c) shall come into
operation on a date fixed by the Minister, after consultation with the Minister
of Finance, by notice in the Gazette.
ATMOSPHERIC
POLLUTION PREVENTION AMENDMENT ACT
NO.
21 OF 1981
[ASSENTED
TO 16 FEBRUARY, 1981]
[DATE
OF COMMENCEMENT: 4 MARCH, 1981]
(Unless
otherwise indicated)
(Afrikaans
text signed by the State President)
ACT
To
amend the Atmospheric Pollution Prevention Act, 1965, so as to substitute
certain designations; to prohibit the manufacture and import, other than with
the prior written authority of the chief air pollution control officer, of any
fuel burning appliance for use in a dwelling-house, and parts for such
appliances, which do not comply with prescribed requirements, and in this and
another respect to adjust the Minister’s power to make regulations; to effect a
certain textual alteration; to redefine the word “owner” for certain purposes;
and to delete a certain reference to the Senate; and to provide for matters
connected therewith.
1. Amends
section 1 (1) of the Atmospheric Pollution Prevention Act, No. 45 of 1965, by
substituting the definition of “Minister”.
2. Amends
section 7 (3) of the Atmospheric Pollution Prevention Act, No. 45 of 1965, by
substituting the expression “Director-General: Health, Welfare and Pensions”
for the expression “Secretary for Health”.
3. Amends
section 14 of the Atmospheric Pollution Prevention Act, No. 45 of 1965, by
substituting subsection (1) (date of commencement 30 May, 1984).
4. Inserts
section 14A in the Atmospheric Pollution Prevention Act, No. 45 of 1965 (date
of commencement 30 May, 1984).
5. Amends
section 18 (1) (d) of the Atmospheric Pollution Prevention Act, No. 45 of 1965,
by substituting the word “dwelling-house” for the word “dwelling”.
6. Amends
section 30 of the Atmospheric Pollution Prevention Act, No. 45 of 1965, by
substituting subsection (5) (date of commencement 30 May, 1984).
7. Amends
section 31 (5) and (7) of the Atmospheric Pollution Prevention Act, No. 45 of
1965, by substituting the expression “Director-General: Health, Welfare and
Pensions” for the expression “Secretary for Health”.
8. Amends
section 44 (1) of the Atmospheric Pollution Prevention Act, No. 45 of 1965, by
substituting paragraph (dA) (date of commencement 30 May, 1984).
9. Amends
section 47 of the Atmospheric Pollution Prevention Act, No. 45 of 1965, as
follows:—paragraph (a) substitutes in subsections (4) and (5) the expression
“Minister of Transport Affairs” for the expression “Minister of Transport”; and
paragraph (b) deletes in subsection (6) (a) the words “in the Senate and”.
10. Substitution
of certain expressions in Act 45 of 1965.—The principal Act is hereby amended
by the substitution for the expressions “Minister of Economic Affairs” and
“Minister of Mines” wherever they occur of the expressions “Minister of
Industries, Commerce and Tourism” and “Minister of Mineral and Energy Affairs”,
respectively.
11. Short
title and commencement.—(1) This Act shall be called the Atmospheric
Pollution Prevention Amendment Act, 1981, and the provisions of sections 3, 4,
6 and 8 shall come into operation on a date fixed by the State President by
proclamation in the Gazette.
(2) Different
dates may in terms of subsection (1) be fixed in respect of the different
provisions of this Act mentioned in the said subsection.