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Occupational Health and Safety Act, 1993 (Act No. 85 of 1993)


Major Hazard Installation Regulations, 1993

9. General duties of local government


(1) Without derogating from the provisions of the National Building Regulations and Building Standards Act, 1977 (Act No. 103 of 1977), no local government shall permit the erection of a new major hazard installation at a separation distance less than that which poses a risk to -
(a) airports;
(b) neighbouring independent major hazard installations;
(c) housing and other centres of population; or
(d) any other similar facility:

Provided that the local government shall permit new property development only where there is a separation distance which will not pose a risk in terms of the risk assessment: Provided further that the local government shall prevent any development adjacent to an installation that will result in that installation being declared a major hazard installation.


(2) Where a local government does not have facilities available to control a major incident or to comply with the requirements of this regulation, that local government shall make prior arrangements with a neighbouring local government, relevant provincial government or the employer, self employed person and user for assistance.


(3) All off site emergency plans to be followed outside the premises of the installation or part of the installation classified as a major hazard installation shall be the responsibility of the local government.