Noise Pollution is a very severe violation. This is a "Norm" in Potchefstroom and residents are fed up. . In terms of section 25 of the Act, the Minister of
Environmental Affairs and Tourism is empowered to make regulations regarding noise, and
the powers of provincial and local authorities to control noise prevention, reduction or
elimination. As such, we look to the National Noise Control Regulations (“the Regulations”).
These regulations give local authorities extensive powers to regulate noise.
The Regulations define “noise disturbance” as follows: “any sound which disturbs or impairs
or may disturb or impair the convenience or peace of any person” and “disturbing noise” as
“a noise level that exceeds the ambient sound level measured continuously at the same
measuring point by 7 decibels or more.”
Section 4 and section 5 of the Regulations further state that:

“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 shall1. operate or play, or allow to be operated or played, a radio, television set, drums,
musical instrument, sound amplifier, loudspeaker system or similar device producing,
reproducing or amplifying sound, or allow it be operated or played so as to cause a
noise nuisance;
2. offer any article for sale by shouting, ringing a bell or making other sounds or by
allowing shouting, the ringing of a bell or the making of other sounds in a manner which
may cause a noise nuisance’
3. as the owner or person in control of an animal, allow it to cause noise nuisance;
4. build, make, construct, repair, rebuild modify, operate or test a vehicle, vessel, aircraft
or object on or near residential premises, or allow it to be built, made, constructed,
repaired, rebuilt, modified or tested there, if this may cause a noise nuisance;
5. erect a building or structure on residential premises to allow it to be erected there if this
may cause a noise nuisance;
6. use or discharge any explosive, firearm, or similar device that emits an impulsive sound
and may cause a noise nuisance, or allow it to be used or discharged, except with the
prior consent in writing of the local authority concerned and subject to the conditions as
the local authority may deem necessary;
7. except in an emergency emit a sound, or allow a sound to be emitted, by means of a
bell, carillon, siren, hooter, static alarm, whistle, loud-speaker or similar device, if it may
cause a noise nuisance;
8. operate any machinery, saw, sander, drill, grinder, lawnmower, power garden tool or
similar device or allow it to be operated, if it may cause a noise nuisance;
9. load, unload, open, shut or in any other way handle a crate, box, container, building
NOISE POLLUTION
Schindlers Attorneys
| 4
material, rubbish container or any other article, or allow it to be loaded, unloaded,
opened, shut or handled, if this may cause a noise nuisance;
10. drive a vehicle on a public road in such a manner that it may cause a noise nuisance; or
11. use any power tool or power equipment used for construction work, drilling work or
demolition work, or allow it to be used in or near a residential area if it may cause a
noise nuisance.
REASONABLE NOISE?
In order to show that a noise nuisance exists, a reasonable person must find a certain noise
intolerable or seriously effecting his enjoyment of his property. A person who is too sensitive
or easily irritable must accordingly think twice when considering taking action against his
neighbor, as the action may not be successful if the reasonable person would not have been
affected by the noise. Notwithstanding our law does offer remedies to victims of excessive
noise.
LEGAL REMEDIES FOR EXCESSIVE NOISE.
The first option available is to lay a complaint with your local authority by way of a written
statement. Many local authorities have Noise Control Units who have the power to take steps
it may deem necessary to control situations regarding noise and associated complaints. Law
enforcement officials will investigate the problem to see how serious the situation is. If
necessary, they can instruct the reduction of the noise and if the offenders don’t comply, can
issue a fine, and in extreme cases even confiscate the equipment.

PENALTIES FOR VIOLATING NOISE BY LAWS
According to section 9 of the Regulations “any person who contravenes or fails to comply
section 4 and 5 and liable on conviction to a fine no exceeding R20, 000.00 or imprisonment
for a period not exceeding two years. Should these steps fail to stop the noise, it is possible
to sue the person in question in a small claims court