Schedule 1
Health nuisances
1. General nuisances
An owner or occupier of premises creates a health nuisance if he or she causes or allows -(a)any premises or part thereof to be of such a construction or in such a state as to be offensive, injurious or dangerous to health;(b)any street, stream, pool, lagoon, ditch, gutter, watercourse, sink, cistern, water-closet, earth closet, pail closet, urinal, cesspool, cesspit, drain, sewer, dung pit, slop tank, ash heap or dung, heap to be so foul or in such a state or so situated or constructed as to be offensive or to be injurious or dangerous to health;(c)any stable, kraal, shed, run or premises used for the keeping of animals or birds and which is so constructed, situated, used or kept as to be offensive or to be injurious or dangerous to health;(d)any accumulation of refuse, offal, manure or other matter which is offensive or is injurious or dangerous to health;(e)any public building to be so situated, constructed, used or kept as to be unsafe or to be injurious or dangerous to health;(f)any dwelling to be occupied without proper and sufficient supply of potable water within a reasonable distance;(g)any factory or industrial or business premises not to be kept in a clean state and free from offensive smells arising from any drain, water closet, earth-closet, urinal or any other source, or not ventilated so as to destroy or render harmless and inoffensive as far as practicable any gas, vapour, dust or other impurity generated, or so overcrowded or so badly lighted or ventilated, as to be offensive or dangerous to the health of those employed therein or thereon;(h)any residential, factory, industrial or business premises to cause or give rise to any smell or effluvium which is offensive or injurious or dangerous to health;(i)any residential premises to be overcrowded;(j)any other activity, condition or thing declared to be a nuisance by the Minister in terms of the National Health Act (61 of 2003)2. Pest control
(1)An owner or occupier of premises creates a health nuisance if -(a)the premises are maintained in a manner that attracts or harbours rodents or other pests, or is conducive to the breeding thereof;(b)flies are being attracted to, or can breed on, the premises, in significant numbers as to be offensive because -(i)manure or any other organic material is being kept or used; or(ii)any other substance that attracts flies is used or kept other than for the purposes of trapping or killing flies;(c)mosquitoes can breed in significant numbers on the premises because;(i)containers in which mosquitoes can breed, such as tyres, bottles, crockery, and tins, have been left or are kept on the premises;(ii)tanks, barrels and similar containers in which mosquitoes can breed are not fitted with mosquito-proof covers or mosquito wire gauze screens in a manner that prevents mosquitoes gaining access to water contained in them;(iii)gutters and down pipes are sagging or dogged so that stagnant water can accumulate in them; or(iv)approved measures have not been taken to prevent mosquitoes breeding in ponds, excavations, wells, swimming pools or any other stagnant water source on the premises.(2)The following measures are approved measures for the purposes of sub-section (1)(c)(iv) -(a)draining accumulated water at least once every seven days;(b)covering accumulated water with oil at least once every seven days; and(c)in the case of wells, providing a mosquito-proof cover and a pump.3. Air pollution
An owner or occupier of premises creates a health nuisance if-(a)any waste on the premises is burned outside except in an approved appliance;(b)ash, grit, soot or smoke is emitted from any chimney or appliance or from any other means on the premises in a manner or quantity that is offensive or injurious or dangerous to health;(c)the erection or destruction of a building or structure causes dust to be discharged into the surrounding atmosphere in a manner or quantity that is offensive or injurious or dangerous to health;(d)any dust, fume, gas or vapour is generated on, and emitted from the premises due to any activity or process and discharged into the surrounding atmosphere in a manner or quantity that is offensive or injurious or dangerous to health;4. Fouling and littering of streets, public places and open spaces.
(1)A person creates a health nuisance if he or she;(i)throws, dumps, stores, keeps or drops any objectionable material on or in a street, road, bridge, thoroughfare, open space, vacant stand, public place or erf, spruit or watercourse, or causes or permits it to be thrown, dumped or dropped there, or cause or permit any such liquid to flow into such a place, in such a manner as to be offensive or cause a health nuisance.(ii)carries, conveys or permits to be carried or conveyed through or in any street or public place, any objectionable material which is or may become a health nuisance, unless such objectionable material is covered or sealed with suitable material in order to prevent the creation of any health nuisance.(2)The person who has contravened sub-section (1) must remedy, to the satisfaction of Council, any damage to the environment which resulted from such contravention.