The National Noise Control Regulations (“NCR”) 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 While the ECA has been largely repealed by the National Environmental Management Act, Act 107 of 1998, it should be noted that Section 25 of the ECA has not been repealed and is in full effect (see Section 50 of (“NEMA”)).
Subsequently, in terms of Schedule 5 of the Constitution of South Africa of 1996 legislative responsibility for administering the noise control regulations was devolved to provincial and local authorities. Provincial noise control regulations however exist in the Free State, Gauteng and the Western Cape provinces.
The National Noise Control Regulations define:
“disturbing noise” as:
noise level which exceeds the zone sound level or, if no zone sound level has been designated, a noise level that exceeds the ambient sound level at the same measuring point by 7 dBA[1] or more.
“zone sound level” as:
a derived dBA value determined indirectly by means of a series of measurements, calculations or table readings and designated by a local authority for an area. This is the same as the Rating Level as defined in SANS 10103.
In addition:
In terms of Regulation 2 –
“A local authority may –
(a) establish a new township unless the lay-out plan concerned, if required by a local authority, indicates 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;
(c):” if a noise emanating from a building, premises, vehicle, recreational vehicle or street is a disturbing noise or noise nuisance, or may in the opinion of the local authority concerned be a disturbing noise or noise nuisance, instruct in writing the person causing such noise or who is responsible therefor, or the owner or occupant of such building or premises from which or from where such noise emanates or may emanate, or all such persons, to discontinue or cause to be discontinued such noise, or to take steps to lower the lever of the noise to a level conforming to the requirements of these Regulations within the period stipulated in the instruction: Provided that the provisions of this paragraph shall not apply in respect of a disturbing noise or noise nuisance caused by rail vehicles or aircraft which are not used as recreational vehicles;
(d): 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 are conducted to the satisfaction of that local authority by the owner, developer, tenant or occupant of the facilities, land or buildings or that, for the purposes of regulation 3(b) or
General prohibition
3. No person shall –
(c) make changes to existing facilities or existing uses of land or buildings or erect new buildings, if it shall in the opinion of a local authority house or cause activities which shall, after such change or erection, cause a disturbing noise, unless precautionary measures to prevent the disturbing noise have been taken to the satisfaction of the local authority;
In terms of Regulation 4 of the Noise Control Regulations:
“No person shall make, produce or cause a disturbing noise, or allow it to be made, produced or caused by any person, machine, device or apparatus or any combination thereof”.
Clause 7.(1) however exempts noise of the following activities, namely –
“The provisions of these regulations shall not apply, if –
(a) the emission of sound is for the purpose of warning people of a dangerous situation;
(b) the emission of sound takes place during an emergency.”
Therefore, regulation 2(d) of the National Noise Control Regulations is one of the reasons why a Noise Impact Assessment must be done in South Africa[2] (considered together with Government Notice Regulation 320 of March 2020 – see also the Online Screening Tool).
You are welcome to contact EARES should you require any assistance in this regard.
[1] When comparing the results of a measurement (minimum duration of 10 minutes) without the noise under investigation with a similar measurement with the noise present.
[2] Excluding Gauteng, Free State and Western Cape Provinces