Environment Conservation Act, 1989 (Act No. 73 of 1989)

Regulations

Noise Control

1. Definitions

Purchase

In these Regulations any word or expression to which a meaning has been assigned in the Act, shall have the meaning so assigned to it and, unless the context otherwise indicates-

"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 had been put into operation;

"animal"

also includes birds and poultry;

"controlled area"

means a piece of land designated by a local authority where, in the case of-

a)	road transport noise in the vicinity of a road-

i)	the reading on an integrating impulse sound level meter, taken outdoors at the end of a period extending from 06:00 to 24:00 while such meter is in operation, exceeds 65 dBA; or

ii)

the equivalent continuous "A"-weighted 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 extending from 06:00 to 24:00 as calculated in accordance with SABS 0210-1986, titled: "Code of Practice for calculating and predicting road traffic noise", published under Government Notice No. 358 of 20 February 1987, and projected for a period of 15 years following the date on which the local authority has made such designation, exceeds 65 dBA;

b)	aircraft noise in the vicinity of an airfield, the calculated noisiness index, projected for a period of 15 years following the date on which the local authority has made such designation, exceeds 65 dBA; or

c)	industrial noise in the vicinity of an industry-

i)	the reading on an integrating impulse sound level meter, taken outdoors at the end of a period of 24 hours while such meter is in operation, exceeds 61 dBA; or

ii)	the calculated outdoor equivalent continuous "A"-weighted 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, exceeds 61 dBA;

"dBA"

means the value of the sound pressure level in decibels, determined using a frequency weighting network A, and derived from the following equation:

"disturbing noise"

means 'n noise level which exceeds the zone sound level or, if no zone sound level has been designated, a noise level which exceeds the ambient sound level at the same measuring point by 7 dBA or more;

"erect"

also means alter, convert, extend or re-erect;

"integrating impulse sound level meter"

means a device which integrates a function of the root mean square value of sound pressure over a period of time while it is set on "l"-time weighting and indicates the result in dBA;

"measuring point"

relating to-

a)	a piece of land from which an alleged disturbing noise emanates, means a point outside the property projection plane where an alleged disturbing noise, in the opinion of a local authority, shall be measured in accordance with the provisions of regulation 6;

b)	a building with more than one occupant, means a point in or outside the building where an alleged disturbing noise, in the opinion of a local authority, shall be measured in accordance with the provisions of regulation 6; and

c)	a stationary vehicle, means a point as described in SABS 0181-1981, titled: "Code of Practice for the measurement of noise emitted by road vehicles when stationary", published under General Notice 463 of 9 July 1982, where a measuring microphone shall be placed;

"noise level"

means the reading on an integrating impulse sound level meter taken at a measuring point in the presence of any alleged disturbing noise at the end of a total period of at least 10 minutes, after such meter had been put into operation, and, if the alleged disturbing noise has a discernible pitch, to which 5 dBA has been added;

"noise nuisance"

means any sound which disturbs or impairs or may disturb or impair the convenience or peace of any person;

"noisiness index"

means a number expressed in dBA as defined in SABS 0117-1974, titled: "Code of Practice for the determination and limitation of disturbance around an aerodrome due to noise from aeroplanes", published under Government Notice No. 151 of 1 February 1985;

"plant"

means a refrigeration machine, air-conditioners, fan system, compressor, power generator or pump;

"property projection plane"

means a vertical plane on, and including the boundary line of a piece of land defining the boundaries of such piece of land in space;

"recreational vehicle"

also means--

a)	an off-road vehicle, scrambler, dune buggy or ultra-light aircraft;

b)	a model aircraft, vessel or vehicle;

c)	any aircraft or helicopter used for sport or recreational purposes; or

d)	any other conveyance or model which in the opinion of a local authority is a recreational vehicle;

"sound level"

means the reading on a sound level meter taken at a measuring point;

"sound level meter"

means a device measuring sound pressure while it is set on "F"-time weighting and indicates the result in dBA;

"the Act"

means the Environment Conservation Act, 1989 (Act No. 73 of 1989);

"zone sound level"

means 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.