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Repealed
This By-law was repealed on 12 June 2015 by Tariff.
This is the version of this By-law as it was when it was repealed.
Swartland
South Africa
South Africa
Tariff By-law, 2014
- Published in Western Cape Provincial Gazette no. 7285 on 11 July 2014
- Commenced on 1 July 2014
- [This is the version of this document from 11 July 2014 and includes any amendments published up to 17 March 2023.]
- [Repealed by Tariff on 12 June 2015]
1. Definitions
In this by-law, the English text prevails in the event of any conflict with the Afrikaans text, and, unless the context otherwise indicates—"agricultural consumer" includes but is not limited to farms, smallholdings and agricultural show grounds;"break even" occurs where the volume sales are equal to the fixed and variable cost associated with the provision of the service;"charitable and welfare institutions and organisations" include but are not limited to any institution managed on a non profitable basis by a church association or a registered charity organisation such as—(a)old age homes;(b)pre-primary schools;(c)care facility for pre-primary children;(d)old age facility;(e)care facilities for the homeless; and(f)children’s homes."commercial consumer" includes but is not limited to business undertakings, shops, offices, liquor stores, supermarkets, public garages, gathering places, nurseries, places of entertainment, service stations, hairdressing salons, banks, hotels, guesthouses, boarding houses and doctor and dentist consulting rooms;"community service" means services classified as such by the municipality in respect of which the tariffs are of a regulatory nature, and set at a level where the costs are not recovered fully from public service charges;"council" means the municipal council of the Swartland municipality;"councillor for financial matters" means the councillor of the municipal council responsible for financial matters;"domestic consumer" includes but is not limited to residential premises, group housing, town houses, semi-detached houses and flats;"economic service" means services classified as such by the municipality for which tariffs are determined with the intention to recover the total costs of the services from consumers;"educational and community institution" includes but is not limited to schools, colleges, or pre-primary schools that are not operated by a registered charity or welfare organisation, libraries, museums, churches, hospitals, clinics, correctional institutions, school hostels and community halls;"fixed costs" means costs which do not vary with consumption or volume produced;"geographical area" means an area identified as such by the municipality due to service backlogs, social circumstances or any other reasons;"indigent household" means households that are registered as such in terms of the municipality’s Credit Control and Debt Collection By-law;"industrial consumers" includes but is not limited to industrial undertakings, factories, warehouses, workshops, scrap yards, stores, wine cellars, abattoirs, dairy processing plants and fish markets;"in season" means the period from the 1st December of a year up to 31 January of the following year and from the Monday before the Easter weekend up to and including Easter Monday;"lifeline tariff" means a unit charge calculated by dividing the total cost associated with the service by the volume consumed (units);"municipality" means the municipality of Swartland and includes any delegated official or service provider of the municipality;"municipal services" means "municipal services" as defined in section 1 of the Act, and includes a function or a combination of functions listed in Schedules 4B and 5B of The Constitution of the Republic of South Africa, 1996, and any other service rendered by the municipality;"policy" means the Tariff Policy adopted by the municipality as reflected in the Schedule to this by-law which Schedule refers;"resident" means a person who is an ordinary resident in the municipal area;"special agreement" means a special tariff agreement entered into with a consumer who makes a significant economic contribution to the community and who creates job opportunities;"special refuse" means perishable foodstuffs emanating from abattoirs, fish processing plants, fruit processing plants, etc."sport and recreation facilities" include but are not limited to—(a)properties used exclusively for sport and recreation purposes;(b)school sport fields which are metered separately for water and electricity consumption; and(c)caravan parks;"the Act" means the Local Government: Municipal Systems Act, 2000 (Act No 32 of 2000);"this by-law" includes the Credit Control and Debt Collection Policy as reflected in the Schedule;"total cost" means the sum of all fixed and variable costs associated with a service;"trading services" means services classified as such by the municipality for which tariffs are determined with the intention to make a profit on the delivery of the services;"two-part tariff" means a tariff that covers the fixed and variable costs separately. The fixed costs are calculated by dividing the total fixed costs by the number of customers per category and the variable costs are calculated by dividing the total variable costs by the volume consumed;"units consumed" means the number of units consumed of a particular service and which are measured in terms of the tariff structure reflected in paragraph 9;"variable costs" means costs that vary with consumption or volume produced.2. Adoption and implementation of tariff policy
3. Contents of tariff policy
The municipality’s tariff policy shall—4. Application and enforcement of tariff policy
5. Repeal of by-laws
The Tariff By-law published on 29 April 2005 is hereby repealed.6. Short title and commencement
This By-Law shall be known as the Tariff By-Law of Swartland Municipality and shall become effective on 1 July 2014.History of this By-law
-
12 June 2015
Repealed by Tariff -
11 July 2014 this version
Published in Western Cape Provincial Gazette no. 7285 -
1 July 2014
By-law commences.
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