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Stormwater Management By-law, 2020
- Published in KwaZulu-Natal Provincial Gazette no. 2328 on 14 October 2021
- Commenced on 14 October 2021
- [This is the version of this document from 14 October 2021 and includes any amendments published up to 23 September 2022.]
PreambleWHEREAS the Municipality has executive authority in respect of, and has the right to administer the local government matters listed in Part B of Schedule 4 relating to stormwater management systems in built-up areas;WHEREAS the Constitution provides that everyone has the right to an environment which is not harmful to their health or well-being;WHEREAS the Constitution provides for the protection of the environment to secure ecologically sustainable development;AND WHEREAS the Constitution requires Local Government to be developmentally orientated in nature and to promote a safe and healthy environment;NOW THEREFORE The Municipal Council of the eThekwini Metropolitan Municipality, acting in terms of section 156 read with Schedule 4 (Part B) 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 otherwise indicates—"Act" means the 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 purpose of search and seizure, where such person is not a peace officer, such person must be accompanied by a peace officer;"built-up area" means the area of the Municipality which has by actual survey been subdivided into erven or farms or is surrounded by surveyed erven or farms, and includes the public roads abutting thereon or an area where there is a permanent concentration of people, buildings and other man-made structures and activities;"connecting point" means the point at which the drainage installation joins the connecting stormwater sewer;"connecting stormwater sewer" means a pipe owned by the Municipality, connecting a stormwater drainage system on premises to a stormwater sewer beyond the boundary of the premises or within a servitude area or within an area covered by a wayleave;"damaging incident" means an incident contemplated in section 5(1) and (2) of this By-law;"developer" means a person who is making or on whose behalf an application for building or land approval is made;"development" means any subdivision of land, use of or change of use of land, building or structure for which the approval from the Municipality is required in terms of any law;"drainage work" includes any drain, water-supplying apparatus, waste or other pipe or any work connected with the discharge of liquid or solid matter into any drain or stormwater sewer or otherwise connected with the drainage of any premises;"entrance level" means a level of the adjoining ground of the driveway from the shoulder or curb line of the road or verge leading into the premises;"environmental cost" means the full cost of all measures necessary to restore the environment to its condition prior to the damaging incident;"excavate" includes the loosening, taking out or removal of stone, overburden, soil or other material;"fill" means any soil, rock or other material placed in a manner which raises the ground level;"flood level" means the level reached by flood waters resulting from a storm of a certain return period or recurrence interval;"flood plain" means the area subject to inundation by flood waters from a storm of a frequency of a certain return period or recurrence interval;"foul water" means soil water, wastewater and trade effluent;"hardened area" means all paved areas, roofed areas, surfaced driveways, pool surrounds semi-permeable or impermeable structures;"Head" means the official of eThekwini Municipality in charge of or responsible for the department of the Municipality dealing with matters relating to stormwater management;"maintenance" includes, but is not limited to, the repair, upgrading, refurbishment, reconstruction or alteration of a stormwater system;"municipal council" or "council" means the eThekwini municipal council, a municipal council referred to in section 157(1) of the Constitution of the Republic of South Africa, 1996;"Municipality" means eThekwini Municipality, a category A municipality as envisaged in terms of section 155(1) of the Constitution of the Republic of South Africa, 1996;"municipal manager" means a person appointed in terms of section 54A of the Municipal Systems Act as the head of administration of the municipal council;"municipal property" includes all properties owned by, vesting in or under the control of the Municipality other than any property leased from the Municipality;"Municipal Systems Act" means the Local Government: Municipal Systems Act, 2000 (No. 32 of 2000);"National Building Regulations and Building Standards Act" means the National Building Regulations and Building Standards Act, 1977 (Act No. 103 of 1977);"owner" means an owner, occupier or responsible person in charge of the premises;"person" includes a natural and juristic person;"policy" means the eThekwini Municipality Floodline and Stormwater Management Policy adopted by Council, as may be amended from time to time;"pollution" means the direct or indirect alteration of the physical, chemical or biological properties of a water resource so as to make it less fit for any beneficial purpose for which it may reasonably be expected to be used or which may be harmful or potentially harmful to—(a)the welfare, health or safety of human beings;(b)any aquatic or non-aquatic organisms;(c)the water resource quality; or(d)property;"pollution incident" means an incident or occurrence which has a detrimental impact or potential detrimental impact on the quality of water in the stormwater system to such an extent that public health or the health of the natural ecosystems may be threatened;"premises" means land with or without improvements;"prescribed" means as determined by resolution of the Council from time to time;"private stormwater system" means a stormwater system owned, operated or maintained by a person other than the Municipality;"public road" means any road, street or thoroughfare or any other place (whether a thoroughfare or not) which is commonly used by the public or any section thereof or to which the public or any section thereof has a right of access, and includes:—(a)the verge of any such road, street or thoroughfare;(b)any bridge, ferry or drift traversed by any such road, street or thoroughfare; or(c)any other work or object forming part of or connected with or belonging to such road, street or thoroughfare;"return period" means a statistical estimate of the likelihood of an event, such as a storm, flood or given river discharge, to occur;"stormwater" means water resulting from natural precipitation or the accumulation thereof and includes groundwater and spring water ordinarily conveyed by the stormwater system;"stormwater drain" means the portion of the drainage system which is not owned by the Municipality and which conveys the discharge from drainage pipes of any premises to a stormwater sewer;"stormwater system" means both the constructed and natural facilities, including roads, culverts, pipes, canals, road crossings, bridges, 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" means—(a)a river or spring;(b)a natural channel or depression in which water flows regularly or intermittently;(c)a wetland, lake or dam into which, or from which, water flows;(d)any collection of water which the Minister may by notice in the Gazette, declare to be a watercourse as defined in the Act; and(e)a watercourses bed and banks, where relevant;"wayleave" means an easement consisting of permission to cross land or of a right-of-way across land;"wetland" means land which is usually at or near the surface, or where the land is periodically covered with shallow water, and which land in normal circumstances supports or would support vegetation typically adapted to life in saturated soil.
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.
3. Objects of By-lawThe objects of this By-law are to—
4. Application of By-lawThis By-law applies to stormwater systems which fall under the jurisdiction of the Municipality and is binding on all persons to the extent applicable.
5. Protection of stormwater system
6. Development applications
7. Duties of owners
8. Entrance levels
9. Pollution incidents
10. Powers of the Municipality
Offences and penalties
15. Repeal of law and savings
16. Short title and commencement
History of this By-law
14 October 2021 this versionPublished in KwaZulu-Natal Provincial Gazette no. 2328By-law commences.