Deafening sounds or loud music can be considered as noise pollution as stated in the Environment Conservation Act, 1989 (Act No. 73 of 1989).
The Addie receives many complaints from residents regarding excessive noise in their neighbourhoods.
Looking into the question of “what is noise pollution?” the Addie sought clarity from Ekurhuleni Metro spokesman, Themba Gadebe.
Included in the information he provided was the fact that residents can start a Neighbourhood Noise Watch Committee (NNWC).
The metro may publish a notice in the Provincial Gazette requesting applications for the establishment of a Neighbourhood Noise Watch Committee.
Alternatively, according to the act, any group of individuals or an organisation may, of its own initiative, make an application to the metro to be declared as the NNWC for one or more neighbourhood.
A majority of all residents in any neighbourhood may draft by-laws, in relation to noise control in any neighbourhood, with the metro regarding the control and reduction of noise nuisance in the neighbourhood.
This may include provisions regarding restrictions of certain activities that may lead to noise nuisance at specific times and days.
The act further states that any person who contravenes or fails to comply with these by-laws shall be guilty of an offence.
Any NNWC may serve a notice to the party concerned in which they are instructed to rectify the contravention.
The committee can determine the notice period wherein the owner or occupier must comply.
Noise control regulations are as follows:
- No person shall make, produce or cause a disturbing noise, or allow it to be made, produced or caused by any person, animal, machine, device or apparatus or any combination thereof.
- No person shall operate or play, or allow to be operated or played, a radio, television set, drum, musical instrument, sound amplifier, loudspeaker system or similar device producing, reproducing or amplifying sound so as to cause a noise nuisance.
- Offer any article for sale by shouting, ringing a bell or making other sounds or by allowing shouting, the ringing of a bell or making of other sounds in a manner which may cause a noise nuisance.
- No person shall allow an animal owned or controlled by him or her to cause a noise nuisance.
- Discharge fireworks in a residential area in a manner which may cause a noise nuisance.
- No person may stage an open-air music festival or similar gathering without the prior written consent in writing of the metro.
If any music causes or may cause a noise nuisance or a disturbing noise, the metro may instruct in writing that such music be forthwith discontinued.
The metro may, for the purpose of applying these regulations, at any reasonable time enter a premises upon reasonable notice to conduct any appropriate examination, inquiry or inspection thereon and take any steps it may deem necessary if a noise emanating from a building premises, vehicle, recreational vehicle or street is a disturbing noise or noise nuisance.
The metro will then instruct, in writing, the person who is responsible for the nuisance to discontinue or to take steps to lower the level of noise to a level conforming to the requirements of these regulations within the period stipulated in the instruction.
