Hessequa
South Africa
South Africa
Commonage By-law, 2008
- Published in Western Cape Provincial Gazette 6588 on 19 December 2008
- Commenced on 19 December 2008
- [This is the version of this document from 19 December 2008 and includes any amendments published up to 9 June 2023.]
1. Definitions
“Act” means the Animal Identification Act, 2002 (Act 6 of 2002);“brand” means any registered mark registered in terms of section 5 (2) of the Act and placed on any animal for any purpose, and includes any representation of a mark intended to be placed on any animals, as the circumstances may require, but does not include any-(a)mark made or placed on the horn or hoof;(b)mark made with paint on any animal;(c)clasp, rivet or tag attached to the ear, or any mark made on such clasp, rivet or tag; or(d)notch or hole;“commonage” means that part of property owned by, or under control of, the municipality, which the municipality may set aside for grazing or for such other purposes and use as it may deem necessary;“depasture” means to allow an animal to graze on the commonage;“large stock” means cattle and equine, and includes any other species of animals which the Minister may by notice in the Gazette declare to be large stock for the purposes of the Act;“municipality” means the Municipality of Hessequa, established in terms of Section 12 of the Municipal Structures Act, 117 of 1998, and includes any political structure, political office bearer, councillor, duly authorised agent or any employee acting in connection with this by-law by virtue of a power vested in the municipality and delegated or sub-delegated to such political structure, political office bearer, councillor, agent or employee;“prescribed” means prescribed by the municipality;“small stock” means sheep and goats, and includes any other species of animals which the Minister may by notice in the Gazette declare to be small stock for the purposes of this Act;2. Purpose of by-law and objectives
The purpose of this by-law is to provide for use and management of the commonage as well as the control of animals on such commonage established by the municipality.3. Establishment of camps for grazing
4. Closing of camps
5. Approval to graze animals
6. Confinement of stock to camps
7. Numbers and condition of animals
8. Branding of stock
9. Grazing fees
10. Infected or contagious animals
11. Carcasses of animals
12. Prohibited conduct
13. Exemptions
14. Liaison forums in the community
15. Agreements and commonage management plans
The municipality may, in consultation with the community, enter into a written agreement with any party regarding the use of the commonage or any part thereof or develop a commonage management plan in terms of which the commonage may be managed and developed.16. Authentication and service of notices and other documents
17. Appeal
A person whose rights are affected by a decision of the municipality may appeal against that decision by giving written notice of the appeal and the reasons therefore in terms of section 62 of the Local Government: Municipal Systems Act, Act 32 of 2000 to the municipal manager within 21 days of the date of the notification of the decision.18. Penalties
A person who has committed an offence in terms of this by-law is, on conviction, and subject to penalties prescribed in any other law, liable to a fine or in default of payment, to imprisonment, or to such imprisonment without the option of a fine, or to both such fine and such imprisonment, and in the case of a successive or continuing offence, to a fine for every day such offence continues, or in default of payment thereof, to imprisonment.19. Revocation of by-laws
The provisions of any by-laws previously promulgated by the municipality or by any of the disestablished municipalities now incorporated in the municipality, are hereby repealed as far as they relate to matters provided for in this by-law, and insofar as it has been made applicable to the municipality by the authorisation for the execution of powers and functions in terms of section 84(3) of the Local Government: Municipal Structures Act, Act 117 of 1998.20. Short title and commencement
This by-law shall be known as the Commonage By-law and shall come into operation on the date of publication thereof in the Provincial Gazette.Cited documents 2
Legislation 2
1. | Local Government: Municipal Systems Act, 2000 | 4368 citations |
2. | Constitution of the Republic of South Africa, 1996 | 585 citations |