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(Municipal Notice 63 of 2020)

The eThekwini Scheduled Activities By-law applies to all areas which fall under the jurisdiction of the eThekwini Municipality and is binding on all persons to the extent applicable. This By-law was published in the Provincial Gazette on the 13th of August 2020 and came into effect six months from this date (13th of February 2021). The purpose of this By-law is to regulate the commencement certain activities, occupations, callings, businesses, conduct, processes, or trades which, owing to their nature, are likely to impact on human or environmental health; provide measures for minimising any impact on human or environmental health or any nuisance arising or likely to arise from any scheduled activity as contemplated in this By-law; and provide penalties for the breach of its provisions.


Scheduled activities (Schedule 1) listed below:


Acid works
Alkali works
Ammonia works and bulk transportation
Animal and fish products processing, including the manufacture of meal for animal feeding
Asbestos transportation, handling and storage, and the manufacture and bulk-storage of
products containing asbestos
Asphalt plant, permanent and mobile
Battery manufacturing, reconditioning and servicing
Bitumen works, including the transportation and operation of mobile bitumen kettles
Brick and tile works
Carbon black manufacture
Cement products and pre-mixing works
Ceramic works
Chemical product processing, including any process involving a chemical reaction
Container washing and reconditioning works
Chrome and chromate works including storage and handling of chrome
Coal, charcoal and coke storage and handling
Engineering works
Fertilizer works
Food manufactory
Foundries and metal works
Fungicide manufacture, and bulk-handling, storage and commercial usage of fungicides
Furniture manufacture and re-conditioning
Gas works
Glass-fibre manufacture, storage, moulding and finishing
Glass works
Hazardous substances (as defined in the Hazardous Substances Act, No. 15 of 1973) –
manufacture and bulk-blending, transportation and storage.
Hazardous substances include road, rail tanker and isotainer washing and maintenance
Health care risk waste transportation
Herbicide manufacture, and bulk-handling, storage and commercial usage of herbicides
Hide and skin processing
Laundries excluding in-house laundries located within accommodation establishments
Lead works
Manganese storage and handling
Marine food processing
Metal products manufacture
Metal buffing, electroplating, enameling and galvanising
Ore processing works, or handling and storage of ores
Pesticides manufacture, and bulk-handling, store and commercial usage of pesticides
Pigment works
Plastic product works
Power or energy generation
Printing works
Refuse collection, storage, removal, processing or disposal
Removal of human remains
Rubber moulding or vulcanising
Sand, shot and grit blasting
Sewage treatment, transportation or disposal
Scrap yard
Ship building
Sludge works
Stone crushing and dressing works
Stone masonry
Teasing or shredding works dealing with coir, flock or textiles
Timber yard and works
Vegetable oil extraction or processing
Vehicle or vehicle parts manufacturing
Waste material salvaging, collecting, sorting, storing, treating, processing or
Welding works
Wood pulping
Yeast manufacture
Any other activity as determined by the provisions of section 5(10) of this by-law


In essence, the by-law states that no person may commence or operate, extend, or build, any of the above scheduled activities without the written permission of the Municipality. However, the Municipality may in writing require any person who deals with an activity which is not listed under schedule 1 to submit an application if it reasonably believes that such activity could negatively impact on environmental or human health or cause a nuisance.


To obtain permission, scheduled activities must submit an application which includes the information that is listed in section 5(2) of the by-law. The applicant must also provide documentary evidence that they are compliant with applicable legislation relating to the control, management or mitigation of nuisances associated with a scheduled activity in terms of Schedule 1 to this By-law. These include but are not limited to:

  1. a) Occupational Health and Safety Act, 1993(Act No. 85 of 1993);
  2. b) Hazardous Substances Act, 1973(Act No. 15 of 1973);
  3. c) National Environmental Management Act, 1998(Act No. 107 of 1998);
  4. d) National Environmental Management: Air Quality Act, 2004(Act No. 39 of 2004);
  5. e) National Environmental Management: Integrated Coastal Management Act, 2008(Act No. 24 of 2008);
  6. f) National Environmental Management: Waste Act, 2008(Act No. 59 of 2008);
  7. g) KwaZulu-Natal Planning and Development Act, 2008(Act No. 6 of 2008);
  8. h) Disaster Management Act, 2002(Act No. 57 of 2002);
  9. i) National Environmental Management: Biodiversity Act, 2004(Act No. 10 of 2004); and
  10. j) National Water Act, 1998(Act No. 36 of 1998)


Furthermore, in terms of Section 5, Application of Permit, a permit will only be valid for a period of 5 years, thereafter a new application must be submitted 60 days prior to the expiry of the permit. A public participation process must be conducted as part of the application and must include newspaper adverts, notice boards accessible by the public in the premises where the activity is to be undertaken, and communication with interested and affected parties. In terms of Section 6, Affected Persons, any person intending to make any representation on, or to object to, the application may do so in writing within 14 days of the date of publication.


In terms of Section 9, Compliance Notices, the Municipality may issue a compliance notice if it has reasonable grounds to believe that a person has not complied with a provision of this By-law; or with a condition of the permit issued in terms of this By-law. If a person fails to take steps stipulated in the compliance notice; is violating any condition of a permit; has not been issued a permit, the municipality may suspend or withdraw any permit granted in terms of this By-law; apply for a court order to close down any activity or process which constitutes a violation of the permit; and cause the responsible person to be prosecuted for an offence in terms of this By-law.


Any person who is convicted of an Offence under Section 12 of this By-law shall be liable to a fine of an amount not exceeding R100 000, or/and imprisonment for a period not exceeding two years. In the case of a continuing offence, an additional fine of an amount not exceeding R1000 or/and imprisonment for a period not exceeding 10 days, will be imposed.


Lastly, according to Section 17, Transitional provisions, scheduled activities must submit their applications to the eThekwini Municipality within 12 months of the promulgation of this by-law (13th of August 2021)


If you are undertaking a scheduled activity and are yet to submit a Scheduled Activity Permit or apply for the permit to be converted into a Scheduled Activity Permit under the new by-law, please don’t hesitate to contact one of our consultants via mail or call 061 568 5510, to assist you in the application process.

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