Hessequa
South Africa
South Africa
Solid Waste Disposal 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
In this By-law, unless the context otherwise indicates –“attendant”, means an employee of the municipality or agent of the municipality duly authorised to be in charge of the disposal site;“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;“owner” also means lessee, occupier, resident or any person who obtains a benefit from the premises or is entitled thereto and also includes any insolvent estate, executor, administrator, trustee, liquidator judicial manager;“premises” means residential-, business-, and industrial premises and includes any land, whether vacant, occupied or with buildings thereon, forming part of a piece of land laid out as a township, irrespective of being proclaimed as a township;“removal “day” means the day fixed by the municipality for removal of waste from premises and depending on the case may be multiple removals per week;“waste” includes -2. Purpose of by-laws
This by-law strive to promote the achievement of a safe and healthy environment for the benefit of residents within the area of jurisdiction of the municipality, and to provide for procedures, methods and practices to promote waste management activities such as, but not limited to, the dumping of waste and the management of solid waste disposal sites.3. Applicable legislation
The directions in terms of section 20(5)(b) of the Environment Conservation Act, 1989 (Act 73 of 1989) with regard to the Control and Management of General Communal and General Small Waste Disposal Sites as published in GN 91 in GG 23053 of 1 February 2002 apply.4. Duties and powers of municipality
5. Compulsory use of service
6. Establishment and control of disposal site
The municipality may establish and control a disposal site, or may appoint agents or may contract some other person or body to control, manage and operate a disposal site on behalf of the municipality in accordance with the provisions of this by-law and the provisions of any other legislation that may be applicable.7. Access to disposal site
8. Off-loading of waste
9. Ownership of waste
10. Categories of waste
The municipality may, for the purposes of this by-law, categorise waste into different categories.11. Separation of waste
The municipality may, for the purposes of this by-law, require that waste be separated into different kinds and nature of waste.12. Provision of waste bins
13. Location of waste bins
14. Maintenance of waste bins
15. Collection of waste
16. Access to premises
Except where otherwise approved by the municipality, the owner of premises must ensure that access from the nearest public road to the waste storage area on a premises is independent and unimpeded, and an owner who fails to do so, commits an offence.17. Right of entry
18. Dumping and littering
19. Burning of waste
No person may burn waste without the written approval of the municipality.20. Charges
21. Exemptions
22. Liaison forums in community
23. Authentication and service of order, notice or other document
24. 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.25. Penalties
A person who has committed an offence in terms of this by-law is liable upon conviction to a fine or imprisonment, or either such fine or imprisonment or to both such fine and such imprisonment and, in the case of a continuing offence, to an additional fine or an additional period of imprisonment or to such additional imprisonment without the option of a fine or to both such additional fine and imprisonment for each day on which such offence is continued and, a further amount equal to any costs and expenses found by the court to have been incurred by the municipality as result of such contravention or failure.26. 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 1998.27. Short title and commencement
This by-law may be cited as the Solid Waste Disposal By-law, and commences on the date of publication thereof in the Provincial Gazette.Cited documents 4
Legislation 4
1. | Local Government: Municipal Systems Act, 2000 | 4368 citations |
2. | National Environmental Management Act, 1998 | 1784 citations |
3. | Constitution of the Republic of South Africa, 1996 | 585 citations |
4. | Hazardous Substances Act, 1973 | 340 citations |