A.N. 1/69. SECTION E.5.

SMOKE CONTROL REGULATIONS.

Definitions.

1. In these regulations unless the context otherwise indicates: -

"Act" means the Atmospheric Pollution Prevention Act, 1965 (Act No. 45 of 1965);

"approved appliance" means a fuel burning appliance of a type approved by the City Engineer for installation and use in a special area;

"City" means the City of Durban;

"City Engineer" means the City Engineer of the City or his duly authorised representative;

"Council" means the City Council of the City of Durban;

"dark smoke" means smoke which, if compared in the prescribed manner with a chart of the kind shown in the First Schedule to the Act appears to be a shade not lighter than Shade 2 on the chart;

"fixed date" means the date on which these regulations came into operation;

"fuel burning appliance" means any furnace, boiler or other appliance designed to burn or capable of burning liquid fuel or gaseous fuel or wood, coal, anthracite or other solid fuel, or used to dispose of any material by burning or to subject solid fuel to any process involving the application of heat;

"install" in relation to any fuel burning appliance shall include the alteration or extension of such appliance;

"light smoke" means smoke which, if compared in the prescribed manner with a chart of the kind shown in the First Schedule to the Act appears to be of a shade darker than Shade 0 on the chart;

"Special Area" means a "Bantu area" as defined in or proclaimed under Section 1 of the Bantu Building Workers' Act 1951 (Act No. 27 of 1951) or the area within any Bantu Housing Scheme established under the Housing Act, 1966 (Act No 4 of 1966);

"the chart" means a chart of the kind shown in the First Schedule to the Act;

and any other expression defined in and for the purpose of the Act shall when used in these regulations, have the same meaning as is assigned to it in the Act.

Manner of Determining Shade or Density of Smoke.

2. To determine, for the purposes of these regulations, the shade or density of smoke by means of a chart of the kind shown in the First Schedule to the Act, the chart shall be placed at such distance from the observer that the several numbered squares therein appear as even shades of colouring, and the smoke under observation shall be compared with the various shades of the chart.

3. (a) Save as provided in sub-paragraph (b) no owner or occupier of any premises shall, except for an aggregate period not exceeding three minutes during any continuous period of thirty minutes, permit the emission or emanation from such premises of smoke which, if compared with a chart of the kind shown in the First Schedule to the Act, appears to be of a shade equal to or darker than Shade 2 on that chart or which, when measured with a light absorption meter has an absorption of 40% or greater.

(b) The provisions of sub-paragraph (a) shall not apply to smoke emanating from a fuel burning appliance during the startup period, or if such emission could not reasonably have been prevented, while such appliance is being overhauled or during the period of any breakdown or disturbance of such appliance and emitted in contravention of that sub-paragraph.

4. No person shall install or cause or permit to be installed or alter or extend or cause or permit to be altered or extended any fuel burning appliance designed to burn solid or liquid fuel or gaseous fuel in or on any premises, unless the plans and specifications in respect of such installation, alteration or extension have been approved by the Council.

5. If any fuel burning appliance has been installed, altered or extended in contravention of Regulation 4, the Council may by notice in writing require the owner or occupier of the premises in question to remove within a period specified in the notice and at his own expense, such fuel burning appliance from such premises.

6. With the exception of Regulations 4 and 5, the provisions of these regulations shall not apply to dwelling houses.

7. The owner or occupier of any premises in or on which any fuel burning appliance is used shall, if so requested by the Council in writing, install, maintain and use at his own expense such apparatus as may be determined by the Council, for the purpose of indicating or recording or both indicating and recording the density or shade of the smoke emitted from such appliance or for the purpose of facilitating the observance of such smoke with a view to determining its density or shade and make available to the Council, at all reasonable times, any information recorded or ascertained by means of such apparatus.

8. No person shall burn any waste material on any premises except in a fuel burning appliance approved by the City Engineer.

9. If on written application of any person, the Council is satisfied that there are adequate reasons for a temporary exemption of any fuel burning appliance or any premises from the provisions of Regulation 3 of these regulations, the Council may, by notice in writing given to the applicant, grant for a specific period such exemption.

10. Any person who contravenes any provision of these regulations shall be guilty of an offence and be liable on a first conviction to a fine not exceeding Two Hundred Rand or, in default of payment of such fine, to imprisonment for a period not exceeding six months, and on a second or subsequent conviction, to a fine not exceeding One Thousand Rand or, in default of payment of such fine, to imprisonment for a period not exceeding twelve months.

11. These regulations may be cited for all purposes as the Smoke Control Regulations.

ORDER DECLARING SMOKE CONTROL ZONES.

1. By Order made by the City Council of the City of Durban and confirmed by the Honourable the Minister of Health in terms of the powers conferred by Section 20 of the Atmospheric Pollution Prevention Act, 1965 (Act No. 45 of 1965) the areas of the City of Durban described in Parts I and II of the Schedule to this Order are hereby declared to be smoke control zones.

2. No owner or occupier of any premises including a dwelling house, situate within a declared smoke control zone shall permit the emission from such premises of light smoke as defined in the Durban Smoke Control Regulations: Provided however, that the provisions of this paragraph shall not apply to smoke emitted from kilns or other fuel burning appliances used in connection with the manufacture of bricks and tiles and other clay products.

3. From the date on which this Order comes into effect every owner or occupier of any dwelling house situate anywhere within the City of Durban other than in a special area as defined in the Durban Smoke Control Regulations shall comply with the provisions of those regulations relating to the emission of dark smoke and the installation of new fuel burning appliances other than a gas fired cooking or heating appliance or an open fireplace for space heating.

4. (1) Any owner or occupier of any premises in a smoke control zone who, in order to comply with the requirements of paragraph 2 hereof is obliged to install a mechanical firing device or to replace the existing fuel burning appliance giving rise to the smoke, may at any time within a period of three months after the coming into operation of this Order, apply to the City Engineer of Durban for an exemption from the requirements of paragraph 2 hereof .

(2) On receipt of an application made in terms of sub-paragraph (1) of this paragraph, the City Engineer may grant such exemption either conditionally or unconditionally for a period not exceeding one year.

(3) Any owner or occupier who is aggrieved by a decision of the City Engineer given in terms of sub-paragraph (2) may within fourteen days of service of a notice advising him thereof appeal to the City Council against such decision.

(4) In any proceedings for a contravention of this Order it shall be a defence to prove either that the contravention complained of : -

(a) was solely due to the starting or lighting up of a fuel burning appliance which was cold and that all practicable steps had been taken to prevent or minimise the emission of light smoke; or

(b) was solely due to some failure or breakdown of a fuel burning appliance, including the overhauling thereof, which could not reasonably have been foreseen or if foreseen could not reasonably have been prevented by action taken after the failure, breakdown or disturbance occurred; or

(c) was due to a combination of any of the causes specified in sub-paragraphs (a) and (b) above and that the conditions specified in those sub-paragraphs are satisfied in relation to those causes respectively.

This Order shall come into operation on the 1st day of October 1969.

SCHEDULE OF

ZONES IN WHICH EMISSION OF LIGHT SMOKE IS

PROHIBITED IN TERMS OF PARAGRAPH 2 OF THE

ABOVE ORDER.

PART I

Commencing at the point where the prolongation of the right bank of the Umgeni River intersects the low-water mark of the Indian Ocean; thence along the low-water mark of the Indian Ocean to the intersection of the low-water of the Indian Ocean with the prolongation of the most easterly boundary of Lot Point S.A.R. 1 No. 13200, thence along said prolongation and proceeding successively along the boundaries of Lot Point S.A.R. 1 No. 13200, T. Jetty No. 13406, Reclaimed Land A No 12759, Small Craft Basin No. 13831, so as to include each of them in the area, to the most western corner of Reclaimed Land A No. 12759; thence along the northern boundary of Lot S.A.R. No. 2 of Bay Foreshore Land No. 5350 to the South-eastern corner of Lot A.1, A.2, A.3 and B.1 of Bay Foreshore Lands No. 5350; thence along the boundary of the said Lot A.1, A.2, A.3 and B.1 of Bay Foreshore Lands No. 5350 so as to exclude the said Lot from the area, to the south-eastern corner of Lot C.1 of the Town Lands of Durban No 1737; thence generally northwards and westwards along the boundary of the said Lot C.1 of the Town Lands of Durban No. 1737 to its intersection with the prolongation of the north-eastern boundary of Sub. 3 Block Tiles of the Town Lands of Durban No. 1737; thence along the said prolongation and the north-eastern boundary of the said Sub. 3 Block Tiles to its north-western beacon; thence along the north-western boundary of Sub. 3c Block Tiles to its intersection with the prolongation of the centre line of Moore Road; thence along the centre line of Moore Road to its intersection with the centre line of Umbilo Road; thence south-westerly along the centre line of Umbilo Road to its intersection with the centre line of Stellawood Road; thence to the northern beacon of Lot P Block E Umbilo of the Town Lands of Durban No. 1737; thence along the north-eastern boundary of the said Lot P and its prolongation to its intersection with the centre line of Watford Road; thence along the centre line of Watford Road to its intersection with the prolongation of the north-eastern boundary of Lot 246 Block E Umbilo of the Town Lands of Durban No 1737; thence along the prolongation and the north-eastern boundary of the said Lot 246, and the south-eastern boundaries of Lot 246, 247 and 248 all of Block E Umbilo of the Town Lands of Durban, to the south-eastern corner of the said Lot 248; thence to the intersection of the centre line of Drake Road and Umbilo Road, thence southerly along the centre line of Umbilo Road to its intersection with the middle of the Umbilo Canal; thence upstream along the middle of the Umbilo Canal and Umbilo River to its intersection with the eastern boundary of Sub. Carrington Heights of the Farm Sea View No. 845; thence in a northerly direction along the eastern boundaries of the said Sub. Carrington Heights of the Farm Sea View No. 845 and the Farm Cato Manor No. 812 to the southernmost beacon of Sub. 1 (Road) of N of the Farm Cato Manor No. 812; thence along the middle of Queen Mary Avenue and Donlene Crescent to its intersection with the prolongation of the north-western boundary of Sub. 3 of Penzance of W of Cato Manor No. 812; thence successively along the north-western boundaries of Sub 3, 4, 5, Henderson, Wright, 9, 10 and Remainder of 11, all of Penzance of W of Cato Manor No. 812 at the intersection of the last mentioned boundary with Francois Road; thence directly to the north-western corner of Lot U4 of H of Cato Manor No. 812; thence successively along the western boundaries of Lease 1 on U3 of H, Lease 1 on U2 of H, Remainder of U2 of H, and Sub. U5 of H all of Cato Manor No. 812, so as to include them within the area to the northernmost beacon of the said Sub. U5; thence north-easterly along the westerly boundary of the Town Lands of Durban No. 1737, to its intersection with the right bank of the Umgeni River; thence generally eastwards and downstream along the right bank of the Umgeni River, to the point first mentioned.

PART II

Commencing at the intersection of the centre line of the Umgeni River with the prolongation of the north-western boundary of Lot 2 of Zeekoe Valley No. 787; thence along the north-western boundaries of Lot 2 of Zeekoe Valley No. 787 to the western boundary of Sea Cow Lake No. 11231; thence along the western, southern and eastern boundaries of Sea Cow Lake No. 11231 to the Umhlangana River; thence up the middle of the Umhlangana River to where it intersects the southern boundary of Lot 18B No. 1539; thence along the southern boundary of Lot 18B No. 1539 to the western edge of the Durban-Zululand Main Road; thence along the western edge of the said Main Road to where it intersects the southern boundary of Lot AA of Glen Anil No. 909; thence along the southern boundary of Lot AA of Glen Anil No. 909 to its south-eastern beacon on the western boundary of Lot B of 26 of Glen Anil No. 909; thence along the western and southern boundaries of B of 26 of Glen Anil No. 909, and along the prolongation of the latter boundary to the low-water mark of the Indian Ocean; thence along the low-water mark of the Indian Ocean to the point where it is intersected by the prolongation of the left bank of the Umgeni River; thence across the Umgeni River to the point where the prolongation of the right bank of the Umgeni River intersects the low-water mark of the Indian Ocean; thence generally westwards and upstream along the right bank of the Umgeni River to its intersection with the westerly boundary of the Town Lands of Durban No. 1737; thence in a northerly direction along the prolongation of the westerly boundary of the Town Lands of Durban No. 1737 to its intersection with the centre line of the Umgeni River; thence generally westwards and upstream along the centre line of the Umgeni River to the point first mentioned.