The Western Cape province issued a first set of Noise Control Regulations as Provincial Notice (“PN”) 627 in 1998, with these regulations similar to the National Noise Control Regulations. These regulations were updated and published on 20 June 2013 as the Western Cape Noise Control Regulations (PN200 of 2013).
The regulations define:
- “Ambient noise” means the all-encompassing sound in a given situation at a given time, measured as the reading on an integrated impulse sound level meter for a total period of at least 10 minutes”.
- “Disturbing noise” means a noise, excluding the unamplified human voice, which—
- (a) exceeds the rating level by 7 dBA;
- (b) exceeds the residual noise level where the residual noise level is higher than the rating level;
- (c) exceeds the residual noise level by 3 dBA where the residual noise level is lower than the rating level; or
- (d) in the case of a low-frequency noise, exceeds the level specified in Annex B of SANS 10103;
- ‘‘Noise sensitive activity’’ means any activity that could be negatively impacted by noise, including residential, healthcare, educational or religious activities;
- ‘‘Low-frequency noise’’ means sound which contains sound energy at frequencies predominantly below 100 Hz;
- ‘‘Rating level’’ means the applicable outdoor equivalent continuous rating level indicated in Table 2 of SANS 10103;
- ‘‘Residual noise’’ means the all-encompassing sound in a given situation at a given time, measured as the reading on an integrated impulse sound level meter for a total period of at least 10 minutes, excluding noise alleged to be causing a noise nuisance or disturbing noise. This report may use the term ambient sound level (as defined in the National Noise Control Regulations) at times.
- “Sound level’’ means the equivalent continuous rating level as defined in SANS 10103, taking into account impulse, tone and night-time corrections;
- These Regulations prohibits anyone from causing a disturbing noise (Clause 2) and uses the LAeq,impulse descriptor to define ambient sound and noise levels.
Also, in terms of regulation 4:
(1)The local authority, or any other authority responsible for considering an application for a building plan approval, business license approval, planning approval or environmental authorization, may instruct the applicant to conduct and submit, as part of the application —
| 1(a) | a noise impact assessment in accordance with SANS 10328 to establish whether the noise impact rating of the proposed land use or activity exceeds the appropriate rating level for a particular district as indicated in SANS 10103; or | |
| 1(b) | where the noise level measurements cannot be determined, an assessment, to the satisfaction of the local authority, of the noise level of the proposed land use or activity. | |
| 2(a) | A person may not construct, erect, upgrade, change the use of or expand any building that will house a noise-sensitive activity in a predominantly commercial or industrial area, unless he or she insulates the building sufficiently against external noise so that the sound levels inside the building will not exceed the appropriate maximum rating levels for indoor ambient noise specified in SANS 10103. | |
| 2(b) | The owner of a building referred to in paragraph (a) must inform prospective tenants or buyers in writing of the extent to which the insulation measures contemplated in that paragraph will mitigate noise impact during the normal use of the building. |
(3) Where the results of an assessment undertaken in terms of sub regulation (1) indicate that the applicable noise rating levels referred to in that sub regulation will likely be exceeded, or will not be exceeded but will likely exceed the existing residual noise levels by 5 dBA or more—
| 3(a) | the applicant must provide a noise management plan, clearly specifying appropriate mitigation measures to the satisfaction of the local authority, before the application is decided; and | |
| 3(b) | implementation of those mitigation measures may be imposed as a condition of approval of the application. |
(4) Where an applicant has not implemented the noise management plan as contemplated in sub regulation (3), the local authority may instruct the applicant in writing to—
| 4(a) | cease any activity that does not comply with that plan; or | |
| 4(b) | reduce the noise levels to an acceptable level to the satisfaction of the local authority. |
Therefore, regulation 4 of the Western Cape Noise Control Regulations is one of the reasons why a Noise Impact Assessment must be done in the Western Cape (considered together with Government Notice Regulation 320 of March 2020 – see also the Online Screening Tool).
You are welcome to contact EARES should you require any assistance in this regard.