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Commonage By-law, 2009
- Published in Western Cape Provincial Gazette no. 6675 on 9 November 2009
- Commenced on 9 November 2009
- [Up to date as at 28 May 2021]
1. Definitions"Act" means the Animal Identification Act, 2002 (Act 6 of 2002);"brand" means any registered mark registered in terms of section 5 (2) of the Act and placed on any animal for any purpose, and includes any representation of a mark intended to be placed on any animals, as the circumstances may require, but does not include any—(a)mark made or placed on the horn or hoof;(b)mark made with paint on any animal;(c)clasp, rivet or tag attached to the ear, or any mark made on such clasp, rivet or tag; or(d)notch or hole;"commonage" means land or a portion of land owned by, or under control of, the municipality, which the municipality uses, or in consultation with the community, may be utilised for such other purposes as laid down in a commonage management plan;"commonage management plan" means a plan, developed with due regard to the municipality’s Integrated Development Plan and in consultation with the community, which contains guidelines on the sustainable utilisation of the commonage and the preservation of the agricultural potential thereof;"depasture" means to allow an animal to graze on the commonage;"large stock" means cattle and equine, and includes any other species of animals which the Minister may by notice in the Gazette declare to be large stock for the purposes of the Act;"municipality" means the Municipality of Bergrivier, 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;"prescribed" means prescribed by the municipality;"small stock" means sheep and goats, and includes any other species of animals which the Minister may by notice in the Gazette declare to be small stock for the purposes of this Act;
2. Purpose of by-law and objectivesThe purpose of this by-law is to provide for use and management of the commonage in the interests of the community of Bergrivier Municipality and to ensure the sustainable utilisation of the agricultural potential thereof and to protect the infrastructure and resources thereon.
3. Establishment of camps for grazing
4. Closing of camps
5. Approval to graze animals
6. Confinement of stock to camps
7. Numbers and condition of animals
8. Branding of stock
9. Grazing fees
10. Infected or contagious animals
11. Carcasses of animals
12. Prohibited conduct
14. Liaison forums in the community
15. Commonage management plan and agreements
16. Authentication and service of notices and other documents
17. AppealA person whose rights are affected by a 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.
18. Offences and PenaltiesA person who contravenes any provision or fails to comply with any provision of this by-law commits an offence and shall on conviction be liable to—(a)a fine or imprisonment, or either such fine or imprisonment or to both such fine and such imprisonment and,(b)in the case of a continuing offence, to an additional fine or an additional period of imprisonment or to such additional imprisonment without the option of a fine or to both such additional fine and imprisonment for each day on which such offence is continued and,(c)a further amount equal to any costs and expenses found by the court to have been incurred by the municipality as result of such contravention or failure.
19. 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.
20. Revocation 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, and insofar as it has been made applicable to the municipality by the authorisation for the execution of powers and functions in terms of section 84(3) of the Local Government: Municipal Structures Act, Act 117 of 1998.
21. Short title and commencementThis by-law shall be known as the Commonage By-law and shall come into operation on the date of publication thereof in the Provincial Gazette.
- Entire By-law
- 1. Definitions
- 2. Purpose of by-law and objectives
- 3. Establishment of camps for grazing
- 4. Closing of camps
- 5. Approval to graze animals
- 6. Confinement of stock to camps
- 7. Numbers and condition of animals
- 8. Branding of stock
- 9. Grazing fees
- 10. Infected or contagious animals
- 11. Carcasses of animals
- 12. Prohibited conduct
- 13. Exemptions
- 14. Liaison forums in the community
- 15. Commonage management plan and agreements
- 16. Authentication and service of notices and other documents
- 17. Appeal
- 18. Offences and Penalties
- 19. Conflict with other legislation
- 20. Revocation of by-laws
- 21. Short title and commencement
History of this By-law
9 November 2009 this versionPublished in Western Cape Provincial Gazette no. 6675By-law commences.