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This is the version of this By-law as it was from 18 February 2011 to 19 July 2018. Read the version currently in force.
Water By-law, 2010
- Published in Western Cape Provincial Gazette no. 6847 on 18 February 2011
- Commenced on 18 February 2011
- [This is the version of this document as it was from 18 February 2011 to 19 July 2018.]
PreambleWHEREAS section 156(2) and (5) of the Constitution provides that a municipality may make and administer by-laws for the effective administration of the matters which it has the right to administer, and to exercise any power concerning a matter reasonably necessary for, or incidental to, the effective performance of its functions;AND WHEREAS Part B of Schedule 4 to the Constitution lists water and sanitation services limited to potable water supply systems and domestic waste-water and sewage disposal systems as a local government matter to the extent set out in section 155(6)(a) and (7);AND WHEREAS the City of Cape Town seeks to ensure the control and regulation of water services within its area of jurisdiction.BE IT ENACTED by the Council of the City of Cape Town, as follows:−
Definitions and general provisions
1. DefinitionsIn this By-law, unless the context indicates otherwise—"authorized official" means an official of the City responsible for the implementation and enforcement of the provisions of this By-law;"basic water supply" means the minimum standards of water supply services necessary for the reliable supply of water to households to support life and personal hygiene prescribed in terms of the Water Services Act, 1997 (Act No. 108 of 1997);"borehole" means a hole sunk into the earth for the purpose of locating, abstracting or using subterranean water, and includes a spring, well and well-point;"City" means the City of Cape Town established by Notice No. 479 of 2000 in terms of section 12 of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998);"City Manager" means a person appointed by the Council as municipal manager in terms of section 82 of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998);"connection pipe" means a pipe, the ownership of which is vested in the City and installed by it for the purpose of conveying water from a main to a water installation, and includes a "communication pipe" referred to in SANS 10252: 2004 Part 1;"consumer" means any person using water from any installation connected to a connection pipe which is supplied with water from a main;"Council" means the Council of the City or any political structure, political office bearer, Councilor or staff member of the City, duly authorised by delegation;"Credit Control and Debt Collection By-Law" means the City of Cape Town: Credit Control and Debt Collection By-law, 2006;"domestic purposes" in relation to the supply of water means water supplied for drinking, ablution and culinary purposes excluding toilets and urinals;"Director" means an employee responsible for water and sanitation in the City;"health nuisance" means a situation or state of affairs that endangers life or health, or adversely affects the well-being or mental well-being of a person or community, or creates an environmental risk, and "health hazard" has a corresponding meaning;"installation work" means work in respect of the construction of, or carried out on, a water installation;"main" means a pipe, other than a communication pipe, the ownership of which is vested in the City and used by it for the purpose of conveying water to consumers;"meter" means a device which measures the quantity of water passing through as contemplated in the Trade Metrology Act, 1973 (Act No. 77 of 1973);"occupier" means a person who occupies any premises or part thereof, without regard to the title under which he or she occupies;"organ of state" means an organ of state as defined in section 239 of the Constitution;"owner" means—(a)the person in whom from time to time is vested the legal title to premises;(b)in a case where the person in whom the legal title to premises is vested is insolvent or dead, or is under any form of legal disability whatsoever, the person in whom the administration and control of such premises is vested as curator, trustee, executor, administrator, judicial manager, liquidator or other legal representative;(c)in any case where the Council is unable to determine the identity of such person, a person who is entitled to the benefit of the use of such premises or a building or buildings thereon;(d)in the case of premises for which a lease agreement of 10 years or longer has been entered into and registered in the Deeds Office, the lessee thereof;(e)the person who has purchased immovable property from the City, in terms of a scheme that allows for the purchase price to be paid in installments and who has not received transfer from the City;(f)in relation to—(i)a piece of land delineated on a sectional plan registered in terms of the Sectional Titles Act, 1986 (Act No. 95 of 1986), the developer or the body corporate in respect of the common property; or(ii)a section as defined in the Sectional Titles Act, the person in whose name such section is registered under a sectional title deed, and includes the lawfully appointed agent of such a person;"person" includes a juristic person and any organ of state;"pollution" means the direct or indirect alteration of the physical, chemical or biological properties of a water resource so as to make it—(a)less fit for any beneficial purpose for which it may reasonably be expected to be used; or(b)harmful or potentially harmful—(i)to the welfare, health or safety of human beings;(ii)to any aquatic or non-aquatic organisms;(iii)to the resource quality; or(iv)to property;"public notice" means a notice published in a newspaper in three official languages of the City;"publish" means—(a)to publish a notice in the Provincial Gazette;(b)to provide interested parties with copies of such publication; and(c)to post the notice so published on the notice boards of the City;"prescribed charge" means a fee, charge or tariff determined and imposed by the Council in terms of the Tariff By-law;"SABS" means the South African Bureau of Standards referred to in the Standards Act, 1993 (Act No. 29 of 1993);"SANS" means a standard which has been set and issued by the SABS in terms of the provisions of the Standards Actp, 1993 (Act No. 29 of 1993);"service pipe" means a pipe which is part of a water installation and is installed between the communication pipe and the meter;"storage tank" means a tank forming part of a water installation and used for the storage of water, other than a cistern serving a water-closet pan or a urinal and a tank used for the storage of hot water;"Tariff By-law" means the City of Cape Town: Tariff By-law, 2007;"terminal water fitting" means a water fitting at an outlet of a water installation which controls the discharge of water from a water installation;"water" means potable water unless otherwise stated;"water conservation" means the act of saving or using water in an efficient manner;"water installation" means the pipes and water fittings which are situated on any premises and vested in the owner thereof and used or intended to be used in connection with the use of water on such premises, and includes—(a)a pipe and water fitting situated outside the boundary of the premises, which either connects to the communication pipe relating to such premises or is otherwise laid with the permission of the City; and(b)a "consumer installation" as defined in section 1 of the Water Services Act, 1997 (Act No. 108 of 1997);"water management device" means a device that controls the quantity of water flowing through a water meter over a certain time period;"water services" means "water services" as defined in section 1 of the Water Services Act, 1997 (Act No. 108 of 1997), and includes the abstraction, conveyance, treatment and distribution of potable water, water intended to be converted to potable water or water for commercial and industrial use;"water services facility" means any land on which there is infrastructure installed or used by the City, or a catchment area in connection with the supply of water;"water services intermediary" means any person who is obliged to provide water services to another in terms of a contract where the obligation to provide water services is incidental to the main object of that contract;"water supply system" means the structures, aqueducts, pipes, valves, pumps, meters or other apparatus relating thereto, which are vested in the City and are used or intended to be used by it in connection with the supply of water, and includes any part of the system; and"well-point" means a small diameter pipe jetted into unconsolidated sandy or gravelly formations, with a pump situated at ground level to lift and distribute the water.
2. Application and purpose
3. Powers of the Director
4. Service levels
5. DelegationThe Director or an authorized official may, subject to the approval of the Director, delegate any of his or her powers or assign any of his or her duties conferred or imposed on him or her by this By-law to any other official of the City.
6. Entry upon water services facilitiesA person who enters upon a water services facility must comply with any instruction of the Director for use and conditions of entry to the site displayed by means of a notice at the entrance.
7. Imminent emergencies and situations that require immediate action
8. Duties of the public
9. Recovery of costs
10. Compliance notices
11. Responsibility for compliance with by-law
Provisions relating to the supply of water
12. Unauthorized use of water
13. Application for supply of water
14. Transfer of ownership
15. Special agreements for supply of water
16. Pipes in streets or public placesNo person may, for the purpose of conveying water derived from whatever source, lay or construct a pipe or associated component on, in or under a street, public place or other land owned by or under the control of the City, except with the prior written permission of the Director, subject to such conditions as he or she may impose and any other applicable law.
17. FeesAll fees payable and related to the supply of water by the City must be in accordance with the Tariff By-law.
18. Termination of agreements
19. Interference with the water supply systemUnless authorized in terms of this By-law, no person other than the City may−
20. Obstruction of access to the water supply systemNo person may prevent or restrict the access of officials of the City to the water supply system.
21. Provision of communication pipe
22. Interconnection between premisesAn owner of premises must ensure that no interconnection exists between the water installation on the premises and the water installation on other premises, unless the owner has obtained the prior written consent of the Director and has complied with any conditions imposed by the Director.
23. Provision and position of isolating valves
24. General conditions of supply
25. Restriction or cutting-off of supply
26. Interruption of supply at owner’s request
27. Removal of water connectionThe Director may disconnect a water installation from the communication pipe and remove the communication pipe if the-
28. Metering of water supplied
29. Quantity of water supplied
30. Water supplied from municipal hydrants
31. Resale of water
32. Defective meters
33. Estimation of quantity of water supplied to consumer through defective meter
34. Adjustment of quantity of water supplied if meter is defective
35. Special measurement
Water restrictions and water conservation
36. Water restrictions
37. Wastage of water
38. Water conservation and demand managementAny owner or consumer must comply with the good water conservation and demand management practices as set out in Schedule 1.
Water services intermediaries
39. RegistrationThe Council may by public notice, require water services intermediaries or classes of water services intermediaries to register with the City in a manner specified in the public notice.
40. Provision of water services
41. Charges for water services provided
42. Plans approval procedure
43. Extension of period of approvalThe Director may, from time to time on written application by the owner, prior to the expiry of the original period concerned and subject to payment of the prescribed charge, extend the period of validity of approval given in terms of section 42 for a period not exceeding 12 months at a time and subject to such conditions as he or she may deem fit.
45. Copies of drawings to be kept on siteUntil receipt by the Director of the certificate of compliance submitted in terms of section 48, a complete set of approved drawings of the installation work must at all times be available at the site of the work.
46. Unauthorised workIf installation work has been done in contravention of section 42, the Director may by written notice, require the owner of the premises concerned to comply with that section within a specified period, and if work is in progress, to cease the work, and may further require the owner to remove all such work which does not comply with this By-law.
Installation by plumbers
47. Persons permitted to do installation and other work
48. Responsibilities of a property owner
49. Disinfection of water installations including storage tanks
General water installation requirements
50. Provision and maintenance of water installations
51. Accepted pipes and water fittings
52. Design criteria for water installations
53. Storage tanks
54. Prevention of pollution of water
55. Fire installations
56. Use of water from sources other than the municipal water supply
57. Wells, boreholes, wellpoints and excavationsEvery owner of premises must ensure that any well, borehole, well-point or other excavation located on his or her premises—
58. Notice of the sinking or digging of boreholes, wells and wellpoints
59. Supply of non-potable water by the city
60. Disclaimer in respect of non-potable water quality
61. Warning notices
62. Where a new irrigation system, which is to be supplied from an existing domestic connection or another existing irrigation connection, is installed—
63. AppealsA person whose rights are affected by a decision taken in terms of a power or duty delegated or sub-delegated in terms of this By-law, may appeal against that decision in accordance with section 62 of the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000).
64. Offences and penaltiesAny person who—
65. Exemption from liabilityThe City shall not be liable for damages or compensation arising from anything lawfully done in good faith by it or any official or employee thereof in terms of this By-law.
66. RepealThe City of Cape Town: Water By-law, 2006 is hereby repealed.
67. Short titleThis By-law is called the City of Cape Town: Water By-law, 2010.
History of this By-law
20 July 2018Amended by Water: AmendmentRead this version
18 February 2011 this versionPublished in Western Cape Provincial Gazette no. 6847By-law commences.
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