Definition:

The identification, evaluation, monitoring and prevention of land, soil, noise, water and air pollution.

The National Health Act, 2003 (Act 61 of 2003) refers to pollution as per definition in Section 1 of the National Environmental Management Act, 1998 (Act No. 107 of 1998) which defines pollution as;

any change in the environment caused by:

• substances;
• radioactive or other waves; or
• noise, odours, dust or heat;

emitted from any activity, including the storage or treatment of waste or substances, construction and the provision of services, whether engaged in by any person or an organ of state, where the change has an adverse effect on human health or well-being or on the composition, resilience and productivity of natural or managed ecosystems, or on materials useful to people, or will have such an effect in the future;

The function relates to:

• The identification, evaluation, monitoring and prevention of the pollution of:
  • Soil
  • Water
  • Air
  in as far as it relates to health.
• The promotion of living areas safe for your health.
• Identification of pollution agents and sources.
• Providing health related inputs regarding new developments.
• Evaluate and give input regarding environmental impact studies.
• Educate and train communities regarding environmental pollution.

Public/Health Nuisance

• The definition of a health nuisance was amended in The National Health Act, 2003 (Act 61 of 2003) and now includes only conditions threatening life, health or the welfare of a person or community.
• The Act now specifically refers to a health nuisance and not a nuisance as intended in the previous Health Act, 1977 (Act 63 of 1977). Consequently, offensive conditions that do not threaten life or health or welfare are no longer matters that will be dealt with by the municipal health services division.

Air Pollution

• Currently air pollution is a provincial function.
• The municipal health services section can only address air pollution when it becomes a health nuisance.

Noise Pollution

• Noise pollution is not included in current health legislation and Noise Control Regulations promulgated in 1998 under the Environmental Protection Act (Act 73 of 1989) by the Department of Environmental Affairs stipulates that a B municipality is responsible for the enforcement of the provisions thereof.

Control of Tobacco Products

• These regulations can only be implemented where the municipality concerned adopted these regulations.