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Scheduled Activities By-law, 2020
- Published in KwaZulu-Natal Provincial Gazette no. 2203 on 13 August 2020
- Assented to on 27 February 2020
- Commenced on 13 February 2021
- [Up to date as at 18 February 2021]
PreambleWHEREAS the Municipality has competence in terms of Part B of Schedule 4 of the Constitution relating to air pollution, building regulations, municipal health services; trading regulations, and has the competence in terms of Part B of Schedule 5 of the Constitution relating to the control of public nuisances and noise pollution;WHEREAS everyone has the right to an environment that is not harmful to their health or well-being in terms of Section 24(a) of the Constitution;WHEREAS the Municipality has as one of its objects in terms of Section 152 (d) of the Constitution, the promotion of a safe and healthy environment;AND WHEREAS there is a need to develop legislation to deal with the prevention, minimisation or management of environmental and human health impacts or nuisances arising or likely to arise directly or indirectly from premises from which certain trades, occupations, businesses, activities or processes are undertaken;NOW THEREFORE The Municipal Council of the eThekwini Metropolitan Municipality, acting in terms of section 156 read with Part B of Schedule 4 and Part B of Schedule 5 of the Constitution of the Republic of South Africa, and read with section 11 of the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000), hereby makes the following By-law:
1. DefinitionsIn this By-law, unless the context indicates otherwise -"applicable legislation" means any legislation, including any By-law of the Municipality, and any regulations or determinations made in terms of any legislation, dealing with or relating to the control, management or mitigation of environmental and human health impacts associated with a scheduled activity in terms of this By-law,which includes, but is not limited to -(a)Occupational Health and Safety Act, 1993 (Act No. 85 of 1993);(b)Hazardous Substances Act, 1973 (Act No. 15 of 1973);(c)National Building Regulations and Standards Act, 1977 (Act No. 103 of 1977);(d)National Environmental Management Act, 1998 (Act No. 107 of 1998);(e)National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004);(f)National Environmental Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008);(g)National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008);(h)National Health Act, 2003 (Act No. 61 of 2003);(i)KwaZulu-Natal Planning and Development Act, 2008 (Act No. 6 of 2008);(j)Spatial Planning and Land Use Management Act, 2013 (Act No. 16 of 2013);(k)Disaster Management Act, 2002 (Act No. 57 of 2002);(l)National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004); and(m)National Water Act, 1998 (Act No. 36 of 1998);"authorised official" means a person authorised to implement the provisions of this By-law, including but not limited to -(a)peace officers as contemplated in section 334 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977);(b)municipal or metropolitan police officers as contemplated in the South African Police Service Act, 1995 (Act No. 68 of 1995); and(c)such employees, agents, delegated nominees, representatives and service providers of the Municipality as are specifically authorised by the Municipality in this regard: Provided that for the purposes of search and seizure, where such person is not a peace officer, such person must be accompanied by a peace officer;"Constitution" means the Constitution of the Republic of South Africa, 1996;"Council" or "Municipal Council" means the eThekwini Municipal Council, a municipal council referred to in section 157(1) of the Constitution;"incident" means an unexpected sudden occurrence causing or likely to cause damage to the environment or the health of any person or the public, and includes a major emission, fire, explosion, spillage or release of hazardous substances or objects;"Municipality" means eThekwini Municipality, a category A municipality as envisaged in terms of section 155(1) of the Constitution;"municipal manager" means a person appointed in terms of section 54A of the Municipal Systems Act, 2000 (Act No. 32 of 2000) as the head of administration of the municipal council;"nuisance" includes any activity, condition, situation, premises or thing which, on account of effluent, vapours, chemical effluvia, odours, noise, vibration, radiation, refuse, waste products, dirt, chemical or biochemical material, microbial infection, vermin, vegetation, overcrowding, lack of proper general hygiene, ventilation, lighting, design, situation or on account of any other cause or practise whatsoever-(a)causes or has the effect of or potential to cause a health or environmental risk;(b)causes or has the effect of or potential to cause any significant nuisance, damage, annoyance, inconvenience or discomfort to the public or the environment; or(c)affects or has the potential to affect the well being of a person or community;"person" includes any sphere of government, natural person or juristic person;"premises" means any building or any other structure, together with the land on which it is situated and the adjoining land used in connection therewith and any land without buildings or tents, and includes any vehicle or conveyance;"responsible person" means the owner, occupier or person in charge of the premises;"scheduled activity" means the commencement or carrying on, or causing or permitting to be commenced with or carried on in any premises or elsewhere in the Municipality, of any of the trades, businesses, occupations, callings, activities or processes listed in Schedule 1 to this By-law, and includes any erection of or extension, addition or alteration to, any building, structure, plant or works used or for the purpose of using them in connection with any such trade, business, occupation, calling, activity or process; and"Scheduled Activity Permit" means a permit issued in terms of Section 5 of this By-law and "permit" shall have a corresponding meaning.
2. Interpretation of By-lawIf there is a conflict of interpretation between the English version of this By-law and a translated version, the English version prevails.
Objects of By-law
3. Objects of By-lawThe objects of this By-law are to-(a)regulate the commencement or carrying on of certain activities, occupations, callings, businesses, conduct, processes, or trades which, owing to their nature, are likely to impact on human or environmental health;(b)provide measures for managing, controlling and minimising any impact on human or environmental health or any nuisance arising or likely to arise from any scheduled activity as contemplated in this By-law; and(c)provide penalties for the breach of its provisions.
4. Application of By-lawThis By-law applies to all areas which fall under the jurisdiction of the eThekwini Municipality and is binding on all persons to the extent applicable.
5. Application for a permit
6. Affected persons
7. Decision of Municipality
Compliance and enforcement
8. Duty of care
9. Compliance notices
10. Entry into premises
11. Municipal remedial work and recovery of costsThe Municipality may, to the extent practicable and necessary, act in order to avert or remedy any harm as a result of non-compliance with the provisions of this By-law or any other applicable By-law or legislation, and may recover any associated costs from the owner or the person in control of the premises.
Offences and penalties
16. RepealsThe By-laws listed in Schedule 2 to this By-law are hereby repealed to the extent mentioned in the third column of the said Schedule.
17. Transitional provisions
18. Short title and commencementThis By-law is called the Scheduled Activities By-law, 2019 and takes effect six months from the date of publication thereof in the Provincial Gazette or on such earlier date as may be determined by the publication of a commencement notice in the Provincial Gazette.
- Entire By-law
- Chapter 1 – Interpretation
- Chapter 2 – Objects of By-law
- Chapter 3 – Application
- Chapter 4 – Scheduled activities
- Chapter 5 – Compliance and enforcement
- Chapter 6 – Offences and penalties
- Chapter 7 – General provisions
History of this By-law
13 February 2021By-law commences.
13 August 2020 this versionPublished in KwaZulu-Natal Provincial Gazette no. 2203
27 February 2020Assented to by council.