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Dolomite Risk Management By-law, 2022
- Published in Gauteng Provincial Gazette no. 208 on 3 June 2022
- Commenced on 3 June 2022
- [This is the version of this document from 3 June 2022 and includes any amendments published up to 24 March 2023.]
1. Definitions"Development services certificate on dolomite land" is a certificate confirming that the design and layout of services on a site on dolomite land complies with the minimum standards selected by the City of Johannesburg Metropolitan Municipality from time to time and the requirements of any relevant Act, Regulation or Regulatory Authority."Cessation Notice" means written notification by the City of Johannesburg Metropolitan Municipality instructing the halting of construction or other activities on dolomite land due to non-compliance with the minimum standards and procedures set down by the Dolomite Risk Management Section"Competent Person (dolomite)" refers to a practitioner of engineering geology or geotechnical engineering who is registered in the appropriate category of registration provided for in the relevant national legislation."Competent Person (civils)" refers to a practitioner of civil engineering who is registered in the appropriate category of registration provided for in the relevant national legislation."Developer" shall mean any public entity, including organs of state at national, provincial or local level of government, individual, company, body corporate, partnership, closed corporation or any other association of persons."Development" shall mean any proposed or existing, permanent or temporary, formal or informal structure or structures for residential occupation, storage, business, manufacturing, agriculture, recreation, burials, worshipping, medical care, entertainment, education, or for whatever purpose, including infrastructure, roads, bridges, subsurface or surface pipelines, subsurface or surface telecommunications infrastructure, storm water systems, electrical generation and reticulation networks, railway infrastructure and networks, water care works, water retaining structures, water attenuation structures and related infrastructure, additions to structures, land use rezoning and land sub-division."Dolomite Clearance Certificate" refers to a City of Johannesburg Metropolitan Municipality letter confirming that:the Site Development Plan (where required) or the Building plan for a development has been certified by the Competent Person (Dolomite) and the Competent Person (Civils) Civils andthe development is supported based on the above certifications."Dolomite land" refers to land underlain by dolomite bedrock or residuum typically at depths of no more than:a)60m in areas where no dewatering has taken place and the local authority that has jurisdiction, is monitoring and has control over the groundwater levels in the areas under consideration; orb)100m in areas where dewatering has taken place or where the local authority has no jurisdiction or control over groundwater levels"Dolomite risk management notice" is a written dolomite risk management related instruction issued to any land owner, developer or servitude holder in terms of the provisions of this by-law."Dolomite hazard certification" is a statement contained on the Township Layout Plan, Site Development Plan (where applicable in terms of a town planning scheme) and Building Plan confirming that the dolomite hazard zonation and development layout as reflected on the plan, conforms to the contents of the dolomite stability report."Dolomite Risk Management Strategy (DRMS)" refers to the process of utilizing scientific, planning, engineering and social processes, procedures and measures to manage an environmental hazard, and encompasses policies, and procedures set in place to reduce the likelihood of sinkholes and subsidences occurring on dolomite land."Sinkhole" refers to a feature that occurs suddenly and manifests as a hole in the ground."Spatial development framework" means the spatial development framework referred to in Section 26(e) of the Local Government: Municipal Systems Act 2000 and the Spatial Planning Land Use Management Act, Act 16 of 2013;"Subsidence" refers to a shallow, enclosed depression in the ground."Tolerable hazard rating" is where the number of sinkhole and subsidence events experienced is less than and including 0.1 events per hectare per 20 years (preferably tending to 0 per hectare), that is, exceeding a Return Period of 200 years and intolerable where the number of events experienced exceeds 0.1 events per hectare per 20 years (Return Period less than 200 years)."Town planning scheme" means a town planning scheme, zoning scheme or similar instrument statutorily regulating land use.
Part 1 – Directives
3. Directive principles
Part 2 – Spatial planning
4. Spatial planning framework
Part 3 – Requirements
5. Dolomite risk management section
6. Dolomite risk management standards and specifications
7. Elements of the dolomite risk management system
8. Requirements for registered land owners, recognized mandated land management bodies or their nominees
9. Emergency reaction to sinkhole and subsidence formation
10. Dolomite Risk Management Plan for proposed developments
11. Hazard assessment of sites for development
13. Groundwater level monitoring
14. Infrastructure design, maintenance and repair
15. Evacuation of unsafe hazardous areas
16. Review of Dolomite Risk Management Strategy
17. Alienation and leasing of property and granting of servitudes on City of Johannesburg Metropolitan Municipality landThe City of Johannesburg Metropolitan Municipality shall establish and maintain dolomite risk management policies with respect to the alienation or leasing of its properties situated on dolomite land and the granting of servitudes on such land.
Part 4 – Prohibitions
Part 5 – Transgression
19. Termination of development
History of this By-law
3 June 2022 this versionPublished in Gauteng Provincial Gazette no. 208By-law commences.
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