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This is the latest version of this By-law.
Tariff By-law, 2015
- Published in Western Cape Provincial Gazette no. 7402 on 12 June 2015
- Commenced on 1 July 2015
- [Up to date as at 15 December 2021]
1. DefinitionsIn 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;“availability charges” means a monthly levy that may be levied against immovable property with or without improvements, which is not connected to any municipal service works, where such property can be reasonably so connected;“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;“communityservice”meansservicesclassifiedassuchbythemunicipality 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;“cost recovery tariff” a tariff which must cover the total cost in respect of the service delivered by the municipality which may include a profit to ensure financial sustainability;“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;“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 in respect of a service as determined by Council which will be levied separately to recover the fixed and variable costs where 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 the policyThe municipality’s tariff policy shall –(a)reflect the principles referred to in section 74(2) of the Systems Act and specify any further principles for the imposition of tariffs which the municipality may wish to adopt;(b)specify the manner in which the principles referred to in section 74(2) are to be implemented in terms of the tariff policy;(c)specify the basis of differentiation, if any, for tariff purposes between different categories of consumers, service providers, services and service standards as long as such differentiation does not amount to unfair discrimination; and(d)include such further enforcement mechanisms, if any, as the municipality may wish to impose in addition to those contained in the Credit Control and Debt Collection By-Law and Policy.
4. Application and enforcement of the policy
5. Repeal of by-lawsThe Tariff By-law published in Provincial Gazette 7825 on 11 July 2104 is hereby repealed.
6. Short title and commencementThis By-Law shall be known as the Tariff By-Law of Swartland Municipality and shall become effective on 1 July 2015.
History of this By-law
1 July 2015By-law commences.
12 June 2015 this versionPublished in Western Cape Provincial Gazette no. 7402