Hessequa
South Africa
South Africa
Storm Water Management 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 –“floodplain” means land adjoining a watercourse which is predisposed to flooding up to the 100 year recurrence interval;“municipality” means the Hessequa Municipality 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;“private stormwater system” means a stormwater system which is owned, operated or maintained by a person and not the municipality;“pollute” bears the meaning assigned to it in the National Water Act, 1998 (Act 36 of 1998);“stormwater” means water resulting from natural rainfall or the accumulation thereof, and includes – (a) groundwater and spring water ordinarily conveyed by the stormwater system; and (b) sea water within estuaries, but excludes water in a drinking water or waste water reticulation system;“stormwater system” means both the constructed and natural facilities, including roads, pipes, culverts, watercourses and their associated floodplains, whether over or under public or privately owned land, used or required for the management, collection, conveyance, temporary storage, control, monitoring, treatment, use or disposal of stormwater;“watercourse” bears the meaning assigned to it in the National Water Act, 1998 (Act 36 of 1998);“organ of state” bears the meaning assigned to it in section 239 of the Constitution.2. Purpose of by-law
3. Application of the by-law
This by-law binds an organ of state and applies to storm water systems in built-up areas.4. Prohibited conduct
5. Application and conditions which municipality may impose
6. Stormwater systems on private land
7. Powers of municipality
8. Authentication and service of notices and other documents
9. 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.10. Exemptions
11. Penalties
A person who has committed an offence in terms of this by-law is, on conviction, 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.12. Repeal 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.13. Short title and commencement
This by-law may be cited as the Stormwater Management By-law, and commences on the date of publication thereof in the Provincial Gazette.Cited documents 3
Legislation 3
1. | Local Government: Municipal Systems Act, 2000 | 4368 citations |
2. | National Water Act, 1998 | 850 citations |
3. | Constitution of the Republic of South Africa, 1996 | 585 citations |