Johannesburg Health Department
The festive season has yet again arrived, a time for joy and celebration, unfortunately some do it without the necessary responsibility and respect to others as well as to animals. In order to be pro-active the Health department is reminding residents of the applicable legislation to avoid ignorance of the law.
The Emergency Services By-Laws for the City of Johannesburg published in Provincial Gazette No 179 on 21 May 2004 makes provision for person to light or ignite fireworks on the following days and times without requesting permission from Council namely:
a) New Years Eve from 23:00 to 1:00
b) New Years Day from 19:00 to 22:00
c) Hindu New Year from 19:00 to 22:00
d) Lag b’ omer from 19:22 to 22:00
e) Chinese New Year from 19:00 to 22:00
f) Human Rights Day from 19:00 to 22:00
g) Freedom Day from 19:00 to 22:00
h) Guy Fowkes Day from 19:00 to 22:00
i) Diwali from 19:00 to 22:00
j) Christmas Eve from 19:00 to 22:00 and
k) Day of Goodwill from 19:00 to 22:00
Section 30 of the above-mentioned legislation specify the following:
Unless so authorized in terms of section 33, and no person may use fireworks
(1) (a) within 500 meters of any explosives factory, explosives storage place, petrol depot or petrol station;
(b) inside any building;
(c) on any agricultural holding;
(d) at any public place; or
(e) at any school, old age home or hospital.
(2) No person may light or ignite fireworks in any place where animals are present.
(3) Unless so authorized in terms of section 33, no person may light or ignite fireworks on any day or at any time except -
The above-mentioned legislation taken into account the following legislation also needs to be complied with namely:
The Gauteng Provincial Noise Control Regulations, 1999 published under Section 25 of the Environment Conservation Act 1989 (Act No 73 of 1989) that is enforced by the Health Department in Regulation 9 (d) state that “No person shall discharge fireworks in a residential area in a manner which may cause a noise nuisance”.
Persons that wish to light, ignite or discharge fireworks may however apply to Council (Regional Environmental Health Unit) and to Emergency Services by means of a written application in which the reasons are given in full for applying for exemption from the provisions of the Noise Control Regulations.
Council may grant exemption in writing and may specify conditions, terms and periods for which the exemption is granted. Council may also cancel or refuse to grant exemption in certain situations and places.
In the event that the above-mentioned legislation is not complied with, officials from the City Of Johannesburg and the SAPS will institute legal action without any further warning.
Jacques Scholtz
Manager Environmental Health
City of Johannesburg
(Region A)
(011) 237 8002 (Office)
(011) 314 1716 (Fax)
