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Johannesburg
South Africa
South Africa
Special Rating Area By-law, 2019
- Published in Gauteng Provincial Gazette no. 79 on 22 April 2020
- Commenced on 22 April 2020
- [This is the version of this document from 22 April 2020 and includes any amendments published up to 24 March 2023.]
Chapter 1
Establishment of special rating areas
1. Definitions
In this By-law words or expressions shall bear the meaning assigned to them and, unless the context otherwise indicates"additional rate" means an additional rate contemplated in sections 19(1)(d) and 22(1)(b) of the Property Rates Act and in section 12(2) of this By-law;"applicant" means any owner who makes an application for the determination of a special rating area in accordance with the provisions of Chapter 1, or if a management body is established in terms of section 10 any reference to "the Applicant" means the management body;"business plan" means a motivation report, implementation plan and term budget as contemplated in section 6;"CFO" means the Chief Financial Officer of the City, or his or her nominee;"City" means the Metropolitan Municipality of the City of Johannesburg established by Provincial Notice No 6766 of 2000 dated 1 October 2000, as amended, exercising its legislative and executive authority through its municipal Council."Companies Act" means the Companies Act 71 of 2008, as amended or replaced;"Council" means the Council of the City;"Limited special rating area" means a limited special rating area approved by the Council in terms of section 9;"majority" means the majority of property owners as contemplated in section 22 of the Property Rates Act;"management body" means the management body of a special rating area to be established in accordance with the provisions of section 11;"motivation report" means a motivation report as contemplated in section 6;"owner" has the meaning assigned to it in section 1 of the Property Rates Act;"Policy" means the Policy for the determination of special rating areas, or any other policy adopted by the Council in relation to special rating areas, as in force from time to time;"Property Rates Act" means the Local Government: Municipal Property Rates Act, 2004 (Act No. 6 of 2004;"rateable property" has the meaning assigned to it in section 1 of the Property Rates Act;"special rating area" means a special rating area approved by the Council in accordance with the provisions of section 22 of the Property Rates Act and section 8 of this By-law;"term budget" means the budget of the management body contemplated in section 6 of this Bylaw.2. Interpretation
In the event of any conflict with the Special Ratings Area policy the by-law prevails.3. Determination of special rating area
The City may by resolution of the Council determine special rating areas in accordance with the provisions of section 22 of the Property Rates Act.4. Application
5. Public meetings
6. Business plan
7. Advertising of application and objections
8. Decision
9. Determination of a limited special rating area
If an application in terms of section 4 is not accompanied by the consent of the majority of the property owners or any other person mandated by the property owner in writing in the proposed special rating area required by section 4(3)(c), but the applicant can demonstrate to the satisfaction of the Council, that -Chapter 2
Special rating areas - structures and finances
10. Commencement with the business plan
Once the Council has approved the establishment of the special rating area, the business plan may only be implemented after the management body has been established in accordance with section 11.11. Establishment, composition, powers and duties of management body
12. Finances
13. The role of the CFO
In addition to the other responsibilities and obligations of the CFO as set out elsewhere in this By-law, the CFO must -Chapter 3
Amendment to the business plan and extension of the SRA term
14. Amendment to the business plan
15. Extension of the SRA term
A management body must, if it elects to extend the term of the SRA for a further period, on or before 1 September in the year before which the business plan is due to terminate, submit an application to the City for approval of extension of the term of the SRA, provided that-Chapter 4
Dissolution of a special rating area
16. Dissolution
Chapter 5
Miscellaneous provisions
17. Short title and commencement
History of this By-law
-
22 April 2020 this version
Published in Gauteng Provincial Gazette no. 79By-law commences.
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