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Swartland
South Africa
South Africa
Installation of Telecommunications Infrastructure By-law, 2019
- Published in Western Cape Provincial Gazette no. 8156 on 1 October 2019
- Commenced on 1 October 2019
- [This is the version of this document from 1 October 2019 and includes any amendments published up to 17 June 2022.]
Chapter 1
Definitions and purpose
1. Definitions
In this by-law, and unless the context otherwise indicates-"administration fee" means the fee that must be paid in advance for a permit to be processed and considered;"annual permit fee" means the fee that must be paid as a condition of issue and continuing validity of a permit issued by the municipality in terms of this by-law;"as-built information" means information relating to how infrastructure has been installed by an operator;"authorised official" means an employee of the municipality responsible for carrying out any duty or function or exercising any power in terms of this by-law and includes a person or agent delegated to carry out or exercise such duty or function;"competent person" means a person who is qualified by virtue of his or her education, training, experience and contextual knowledge to decide regarding the performance of an operator in the provision of electronic communications infrastructure;"completion of work" means the work has reached a state where the permit conditions are met to the satisfaction of the authorised official;"ECA" means the Electronic Communications Act, 2005 (Act No 36 of 2005);"electronic communications" has the meaning in the ECA, namely the emission, transmission or reception of information, including without limitation, voice, sound, data, text, video, animation, visual images, moving images and pictures, signals or a combination thereof by means of magnetism, radio or other electromagnetic waves, optical, electromagnetic systems or any agency of a like nature, whether with or without the aid of tangible conduct, but does not include content service;"electronic communications facility" has the meaning in the ECA, namely any wire, cable including undersea and land-based fibre optic cables, antenna, mast, satellite transponder, circuit, cable landing station, international gateway, earth station, and radio apparatus or other thing, which can be used for, or in connection with, electronic communications, including-2. Purpose
The purpose of this by-law is to provide for mechanisms to regulate and manage the installation of electronic communication facilities that may affect the municipality's own services infrastructure by-Chapter 2
Notification and permit considerations
3. Notification and information required
4. Permit considerations
The issue of a permit to the operator in terms of section 3, shall be considered and decided against the following factors-5. Issue of permit
Chapter 3
Specific permit conditions
6. Payment of annual permit fees
7. Provision of bank guarantee
8. Commencement and execution of work
9. Construction and sharing of infrastructure
10. Sharing of existing municipal services infrastructure
11. Sharing of information
12. Period of validity of permit
A permit issued in terms of this by-law shall remain valid for a period of two years from date of issue of the permit, provided that the operator pays the annual permit fees and complies with the conditions applicable to the permit issued.13. Transfer of permit
14. Revocation of permit
15. Expiry of permit
Chapter 4
Compliance and enforcement
16. Compliance with legislation
A permit granted in terms of this by-law does not exempt the operator from complying with any other law, or by-law or zoning provisions of the municipality.17. Right of access and inspection
An authorised official of the municipality shall have unlimited access to the work undertaken by the operator to inspect such work for compliance with the provisions of this by-law.18. Supervision, inspection and testing
19. Notice of compliance
Chapter 5
General provisions
20. Fees and tariffs
21. Indemnity
The operator shall indemnify the municipality against claims in respect of-22. Offences and penalties
23. Appeal
An operator who feels aggrieved by a delegated decision of the municipality may appeal against such decision by giving written notice of the appeal and the reasons therefor in terms of section 62 of the Municipal Systems Act, 2000 (Act 32 of 2000) to the municipal manager within 21 days of the date of the notification of the decision.24. Short title and commencement
This by-law shall be known as the Swartland Municipality: By-law Relating to the Installation of Telecommunications Infrastructure and shall come into operation on the date of publication thereof in the Provincial Gazette.History of this By-law
-
1 October 2019 this version
Published in Western Cape Provincial Gazette no. 8156By-law commences.
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