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Provincial Gazette for Western Cape No. 8237, 13 May 2020, Page 26
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Provincial Gazettes (Western Cape)
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8237
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26 Province of the Western Cape: Provincial Gazette Extraordinary 8237 13 May 2020 (3) West Coast District Municipality may, if the owner or occupier of the premises fails to comply with the notice referred to in subsection (2), remove the controlled emitter from the premises and may recover the reasonable costs incurred from such owner or occupier of such premises. 45. Monitoring and sampling (West Coast District Municipal function) (1) An occupier or owner of listed activities, and the operator of controlled emitters, must install emission measuring equipment and or must do emissions monitoring if and when required by an authorized person and must – (a) record all monitoring and sampling results and maintain a copy of this record for at least five years after obtaining the results; (b) if requested to do so by an authorized person, produce the record of the monitoring and sampling results for inspection; and (c) I f requested to do so by an authorized person, provide a written report, in a form and by a date specified by the authorized person, of part or all of the information in the record of the monitoring and sampling results. 46. Dust emissions from listed activities, controlled emitters and non-listed activities (1) Any person conducting a listed activity or controlled emitter or a non-listed activity that produces emissions of dust that may be harmful to public health, well-being and/or cause a nuisance must take control measures to prevent or minimize emissions into the atmosphere. (2) Any person who undertakes any listed activity or controlled emitter or non-listed activity that causes dust emissions must implement one or more of the following control measures: (i) pave; (ii) use dust or palliatives or suppressants; (iii) uniformly apply and maintain surface gravel; (iv) erect physical barriers and signs to prohibit access to the disturbed areas; (v) use ground covers; (vii) re-vegetation which is similar to adjacent undisturbed native conditions; or (viii) any alternative control measure approved in writing by West Coast District Municipality for listed activities and controlled emitters. Non-listed activities are the responsibility of Cederberg Local Municipality. (3) The control measures must be consistent with the provisions of any applicable legislation. Reference should be made to Section 6 of the National Dust Control Regulations. (4) Any person who contravenes subsection (1) commits an offence.
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