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Storm Water Management By-law, 2014
- Published in Western Cape Provincial Gazette no. 7285 on 11 July 2014
- Commenced on 11 July 2014
- [Up to date as at 26 February 2021]
1. DefinitionsIn this by-law, the English text shall prevail in the event of an inconsistency between the different texts, and unless the context otherwise indicates:—"built-up areas" means those portions or areas of the municipality which are divided into erven by means of physical survey or which are surrounded by surveyed erven, including the public roads adjacent thereto as well as portions or areas falling within the urban edge of the approved Spatial Development Framework;"floodplain" means land adjoining a watercourse which is predisposed to flooding up to the 100 year recurrence interval;"municipality" means the Swartland Municipality established in terms of Section 12 of the Municipal Structures Act, 117 of 1998, and includes any political structure, political office bearer, councillor, duly authorised agent or any employee acting in connection with this by-law by virtue of a power vested in the municipality and delegated or sub delegated to such political structure, political office bearer, councillor, agent or employee;"organ of state" bears the meaning assigned to it in section 239 of the Constitution."person" includes any natural person, juristic person, association or organ of state;"pollute" 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;(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;(iv)to property; or(v)to any other fish or aquatic animals or life."private storm water system" means a storm water system which is owned, operated or maintained by a person on his or her own property;"stormwater" means water resulting from natural rainfall or the accumulation thereof, and includes—(a)groundwater and spring water ordinarily conveyed by the storm water system; and(b)sea water within estuaries,but excludes water in a drinking water or waste water reticulation system;"storm water system" means both the constructed and natural facilities, including roads, pipes, culverts, 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 storm water;"watercourse" bears the meaning assigned to it in the National Water Act, 1998 (Act 36 of 1998);"water source" includes any water way, surface water, estuary or aquifer;
2. Purpose of by-lawThe purpose of this by-law is to regulate storm water management and activities that may have an adverse impact on the development, operation and maintenance of the storm water system.
3. Application of by-lawThis by-law binds an organ of state and applies to storm water systems in built-up areas and the natural environment on which it may have a negative impact.
4. Prohibited conduct
5. Application and conditions which municipality may impose
6. Storm water systems on private land
7. Powers of municipality
8. Liaison forums in community
9. Authentication and service of notices and other documents
10. AppealA person whose rights are affected by a delegated decision of the municipality may appeal against that decision by giving written notice of the appeal and the reasons therefor in terms of section 62 of the Local Government: Municipal Systems Act, Act 32 of 2000 to the municipal manager within 21 days of the date of the notification of the decision.
12. Offences and Penalties
13. Conflict with other legislationIn the event of any conflict between any provision of this by-law and National and Provincial legislation, standards, policies or guidelines, the National and Provincial legislation, standards, policies or guidelines shall prevail.
14. Repeal of by-lawsThe provisions of any by-laws previously promulgated by the municipality or by any of the disestablished municipalities now incorporated in the municipality, are hereby repealed as far as they relate to matters provided for in this by-law.
15. Short title and commencementThis by-law shall be known as the Storm Water Management By-law, and commences on the date of publication thereof in the Provincial Gazette.
- Entire By-law
- 1. Definitions
- 2. Purpose of by-law
- 3. Application of by-law
- 4. Prohibited conduct
- 5. Application and conditions which municipality may impose
- 6. Storm water systems on private land
- 7. Powers of municipality
- 8. Liaison forums in community
- 9. Authentication and service of notices and other documents
- 10. Appeal
- 11. Exemptions
- 12. Offences and Penalties
- 13. Conflict with other legislation
- 14. Repeal of by-laws
- 15. Short title and commencement
History of this By-law
11 July 2014 this versionPublished in Western Cape Provincial Gazette no. 7285By-law commences.