The Free State Noise Control Regulations were also promulgated in terms of section 25 of the Environment Conservation Act, Act 73 of 1989 (“ECA”), and are very similar to the National Noise Control Regulations (“NCR”).
While the ECA has been largely repealed by the National Environmental Management Act, Act 107 of 1998, it should be noted that Section 25 of the ECA has not been repealed and is in full effect (see Section 50 of (“NEMA”)).
This is the first Noise Control regulation that refers to the SABS ARP 020 guideline, which was superseded by the SANS 0328 (now the SANS 10328 guideline).
The Free State Noise Control Regulations are almost word-for-word the same as the National Noise Control Regulations (see a brief summary here), mainly differing with the definition of a “disturbing noise”.
The National Noise Control Regulations defines a “disturbing noise” as: “noise level which exceeds the zone sound level or, if no zone sound level has been designated, a noise level that exceeds the ambient sound level at the same measuring point by 7 dBA or more“
with
The Free State Noise Control Regulations define a “disturbing noise” as: “the noise level that exceeds the ambient sound level measured continuously at the same measuring point by 5 dBA or more“.
Therefore, regulation 2(d) of the Free State Noise Control Regulations is one of the reasons why a Noise Impact Assessment must be done in the Free State (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.