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This is the latest version of this By-law.
Integrated Waste Management By-law, 2013
- Published in Western Cape Provincial Gazette no. 7137 on 14 June 2013
- Commenced on 14 June 2013
- [This is the version of this document from 14 June 2013 and includes any amendments published up to 17 June 2022.]
PreambleWHEREAS the Kannaland Municipality has under the Constitution, legislative competence in respect of refuse removal, refuse dumps and solid waste disposal;Whereas the Kannaland Municipality ("the Municipality") has an obligation to regulate and control waste management so as to ensure a safe, healthy and sustainable environment and to ensure that the rights of individuals are protected;Whereas the Municipality wishes to reduce the generation and the environmental impact of waste to ensure that the socio-economic development, the health of the people within the Municipality's boundaries and the quality of environmental resources are not unduly adversely affected by waste;Whereas the Municipality wants to ensure that all residents, organisations, institutions, businesses, visitors or tourists and government departments are able to access services from a legitimate waste management service provider; andWhereas the Municipality wishes to regulate generation, cleaning, separation, storage, collection, processing, treatment, recycling, re-use and disposal of waste, including littering and illegal dumping and the regulation of facilities used for the management of waste, with the ultimate aim of avoiding or minimising the generation of waste.BE IN ENACTED by the Municipality, as follows:-
1. DefinitionsIn this By-Law, unless the context indicates otherwise:"accredited service provider" means a person or entity accredited by the Municipality in accordance with the terms and conditions of a refuse removal system approved by the Municipality and who provides a waste management service in the Municipality and may include, but is not limited to, large and small business, entrepreneurs, community cooperatives;"building waste and demolition waste" means waste produced through the construction, alteration, repair or demolition of any structure both manmade and natural, and includes rubble, earth, wood and rock that is displaced during any construction, alteration, repair or demolition, but excludes garden waste;"business waste" means waste that emanates from premises that are used, whether lawfully mainly, for commercial, retail, wholesale, entertainment or government administration purposes, and also applies to waste generated by informal traders and residential premises where commercial activities are being conducted."chemical waste" includes discarded solid, liquid and gaseous chemicals;"Director" means the Director responsible for solid waste in the Municipality;"event waste" means waste that originates from the activities related to an event that is held in the Municipal area;"garden waste" means organic waste which emanates from gardening or landscaping activities at residential, business or industrial properties including but not limited to soil, grass cuttings, leaves and branches, and includes any biodegradable material and includes such waste emanating from residential, business or industrial properties, but excludes waste products of animal origin;"general waste" means waste that does not pose an immediate hazard or threat to health or to the environment, and includes-
2. Application of this By-lawIn the event of conflict between this By-law and any other By-law of the Municipality dealing with waste management this By-law must prevail.
3. Categorisation of waste
4. Obligations of waste generators
5. Hazardous waste
6. Event waste
7. Priority waste
8. Emergencies requiring the management of waste
10. Integrated waste management plan[Please note: numbering as in original.]
11. Exemptions from submitting an integrated waste management plan
13. Recycling, re-use, sorting and recovery of waste
14. Prohibition of unauthorised disposal of wasteNo person may -
15. Litter and dumping
16. LicencesAny person who, or entity which, requires a licence in terms of national, provincial or municipal legislation will have to prove on request, to the waste management officer that such person or entity has obtained the appropriate licence within 30 days or such lesser period as specified by such officer.
17. Waste management services, applications and registration for waste collection and removal services
18. Access to private property
19. Premises inaccessible for refuse collectionShould the Municipality be impeded from handling or collecting refuse due to the layout of a person's premises, and if this impediment imposes a danger to employees of the Municipality, the Director may require the owner to do such alterations or additions to the premises as are necessary to remove such impediment at that persons cost.
20. Compliance notices
21. Service of documents and processWhenever any notice, order, demand or other document is authorised or required to be served on a person in terms of this By-law, it shall be deemed to have been effectively and sufficiently served on such a person -
22. Failure to comply with the By-law and enforcement
23. Offences and penalties
24. Delegations by the waste management officerThe waste management officer shall be entitled to delegate to any other official of the Municipality any of his or her powers or obligations in terms of this By-law.
25. Functions and powers of waste management officerThe waste management officer shall be responsible for regulating, controlling, managing and enforcing the provisions of this By-law and national and provincial legislation relating to waste management.
26. Amendments to waste removal servicesThe Municipality may amend any existing waste removal or cleaning services once a process of public notification, participation and comment has been completed and provided the amendment is practical, cost effective and has as its objective the prevention of the proliferation of waste, the minimisation of waste or the reduction of waste to be removed.
27. GuidelinesThe Council may make guidelines not inconsistent with other legislation generally for the better carrying out of the objects and purposes of this By-law.
28. Repeal of By-lawsThe By-laws in Schedule I hereto are hereby repealed.
29. InterpretationIn the event of a conflict between English, Xhosa and Afrikaans versions of this By-law, the English version shall be decisive.
30. Short title and commencementThis By-law is called Municipality Integrated Waste Management By-law, 2013 and comes into operation on promulgation in the Provincial Gazette.
History of this By-law
14 June 2013 this versionPublished in Western Cape Provincial Gazette no. 7137By-law commences.