The Gauteng Noise Control Regulations were promulgated in terms of section 25 of the Environment Conservation Act, Act 73 of 1989 (“ECA”). While the ECA has been largely repealed by the National Environmental Management Act, Act 107 of 1998, it should be noted that Section 25 of the ECA has not been repealed and is in full effect (see Section 50 of (“NEMA”)).
The Gauteng Noise Control Regulations are based on the National Noise Control Regulations and most of the regulations are the same. It prohibits the generation of disturbing noise in any manner (Regulation 8) and defines and prohibits activities that can result in a noise nuisance (Regulation 9). Regulation 11(1) allows a local authority to designate a controlled area as well as zone sound levels for specific areas and during specific times.
The difference between the National Noise Control Regulations and the Gauteng Noise Control Regulations is the criteria set out for a controlled area, namely:
“controlled area” means a piece of land designed by a local authority where, in the case of-
(a) road traffic noise in the vicinity of a road-
- the reading on an integrating impulse sound level meter, taken outdoors at the end of a period of 24 hours while such meter was in operation, exceeds 60 dBA; or
- the outdoor equivalent continuous “A” -weighed sound pressure level at a height of at least 1,2 metres, but not more than 1,4 metres, above the ground for a period of 24 hours as calculated in accordance with SABS 0210, and projected for a period of 15 years following the date on which the local authority has made such designation, exceeds 60 dBA.
It should be noted that the Gauteng Noise Control Regulations define:
“ambient sound level” – means the reading on an integrating impulse sound level meter taken at a measuring point in the absence of any alleged disturbing noise at the end of a total period of at least 10 minutes after such meter was put into operation;
“disturbing noise” – means a noise level that causes the ambient noise level to rise above the designated zone level, or if no zone level has been designated, the typical rating levels for ambient noise in districts indicated in table 2 of SABS 0103 (now SANS 10103);
In terms of Regulation 10(1):
“No person shall –
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(a) |
establish a new township unless the layout plans concerned, if required by the local authority, indicate in accordance with the specifications of the local authority the existing and future sources of noise, with concomitant dBA values, which are foreseen in the township for a period of 15 years following the date on which the erection of the buildings in and around the township commences |
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(b) |
make changes to existing facilities or existing uses of land or buildings or erect new buildings, if these will house or cause activities, that will, after such changes or erection, cause a disturbing noise, unless precautionary measures to prevent the disturbing noises have been taken to the satisfaction of the local authority; |
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(c) |
build a road or change an existing road, or alter the speed limit on a road, if this will cause an increase in noise in or near residential areas, or office, church, hospital or educational buildings, unless the need for noise control measures have been properly determined by the local authority in consultation with the authority concerned to ensure that the land in the vicinity of such roads will not be designated as a controlled area |
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(d) |
if required by a local authority, install, replace or modify a plant with a total input power exceeding 10 kilowatts on any premises, unless the local authority has been notified by the owner of the plant in writing at least 14 days before such installation, replacement or modification; |
In terms of Regulation 10(2):
“The local authority may –
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(a) |
before changes are made to existing facilities or existing uses of land or buildings or before new buildings are erected, in writing require that noise impact assessments or tests be conducted to the satisfaction of that local authority by the owner, developer, tenant or occupant of the facilities, land or buildings and that reports or certificates relating to the noise impact to the satisfaction of that local authority be submitted by the owner, developer, tenant or occupant to the local authority on written demand; |
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(d) |
in writing request the owner or person in control of a premises referred to in subregulation (2)(a) to furnish proof forthwith to the local authority’s satisfaction that no disturbing noise shall be caused by or on the premises |
Therefore, regulation 10 of the Gauteng Noise Control Regulations is one of the reasons why a Noise Impact Assessment must be done in Gauteng (considered together with Government Notice Regulation 320 of March 2020 – see also the Online Screening Tool). Regulation 10(d) also requires noise level measurements when a plant (such as a generator) is commissioned in Gauteng Province.
You are welcome to contact EARES should you require any assistance in this regard.