Occupational Health and Safety Act, 1993 (Act No. 85 of 1993)RegulationsMajor Hazard Installation Regulations, 202214. General duties of local government |
| (1) | Without derogating from the provisions of the National Building Regulations and Building Standards Act, 1977 (Act No. 103 of 1977), and the Spatial Planning and Land Use Management Act, 2013 (Act No. 16 of 2013), a local government must not permit the erection of a new establishment or the expansion of an establishment at a separation distance that poses an unacceptable risk in terms of the risk assessment contemplated in regulation 10. |
| (2) | The local government must— |
| (a) | permit a new development only where there is a separation distance which will not pose an unacceptable risk in terms of the risk assessment contemplated in regulation 10; and |
| (b) | prohibit any new property development adjacent to an establishment that will result in that new development being declared an establishment. |
| (3) | The relevant local government must give consent for the on-site emergency plan and participate in the annual emergency test drill as contemplated in regulation 15(4)(e). |
| (4) | Where a relevant local government does not have the facilities available to control a major incident or to comply with the requirements of these Regulations, that local government must make prior arrangements with a neighbouring local government, the relevant provincial government or the duty holder for assistance. |
| (5) | The relevant local government is responsible for the off-site emergency plan to be followed outside the premises of the establishment. |
| (6) | The relevant local government must prepare an off-site emergency plan in accordance with SANS 1514 and in consultation with the duty holder and interested or affected persons, within 24 months after the entry into force of these Regulations, and thereafter immediately for new establishments, and review the plan when there are significant changes to the hazard profile of the area. |
| (7) | The duty holder must, on written request by, and within the time limits imposed by the local government, furnish the local government with the necessary information needed to prepare the off-site emergency plan. |