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Solid Waste Disposal 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 29 July 2020]
1. DefinitionsIn this By-law, unless the context otherwise indicates—"attendant", means an employee of the municipality or agent of the municipality duly authorised to be in charge of the disposal site;"disposal site" means a site used for the accumulation of waste with the purpose of disposing or treatment of such waste and includes a waste transfer and recycling station;"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;"owner" also means lessee, occupier, resident or any person who obtains a benefit from the premises or is entitled thereto and also includes any insolvent estate, executor, administrator, trustee, liquidator judicial manager;"premises" means residential-, business-, and industrial premises and includes any land, whether vacant, occupied or with buildings thereon, forming part of a piece of land laid out as a township, irrespective of being proclaimed as a township;"removal day" means the day fixed by the municipality for removal of waste from premises and depending on the case may be multiple removals per week;"waste" includes—(a)"business waste" which means any matter or substance arising out of the use of business premises but does not include, hazardous waste, material, domestic waste or garden waste;(b)"domestic waste" which means any fruit or vegetable peels, fruit or vegetable waste, general domestic waste as well as garden waste which is of such size that it may be deposited in a refuse bin;(c)"garden waste" which means waste originating from a gardening activity such as grass cutting, leaves, plants flowers or similar waste of such size that it can be placed in a refuse bin;(d)"hazardous waste" which means any waste, matter or substance which may be hazardous or harmful to the environment and residents or which may pollute the environment including asbestos, motor oils or lubricants, or any other waste, matter or substance which constitutes hazardous waste as envisaged in the Hazardous Substances Act, 1973, Act 15 of 1973;(e)"offensive waste" means any waste, matter or substance which may be harmful to the environment and residents and includes, but is not limited to—(i)animal products, animal carcasses and meat as defined in the Meat Safety Act, (Act 40 of 2000) and in the Red Meat Regulations promulgated under GN 1072 of 17 September 2004;(ii)fruit or vegetables or any by-product obtained from such fruit or vegetables;(iii)perishable foodstuffs; and(iv)health care waste as defined in the Western Cape Health Care Waste Management Act, 2007, (Act 7 of 2007).;(f)"materials" which means any stone, rock, sand, building materials or building rubble or any other type of composite or artificial materials such as plastic pipes and similar materials as well as materials which are utilised in the erection of buildings or structures or any other materials which constitute materials;"waste bin" means a mobile container with a capacity determined by the municipality, or alternatively plastic bags, which the municipality may make available to each premises;"waste management activities" means the generation, reduction and minimisation of waste, waste handling, which includes the separation, storage, collection, and transfer of waste, and waste treatment, which includes the recovery of waste, recovery being the recycling, reclamation and re-use of waste, and disposal of waste, and any word to which a meaning has been assigned in the Environment Conservation Act, 1989 (Act 73 of 1989) and in the Directions with regard to the Control and Management of General Communal and General Small Waste Disposal Sites issued under the Act and published per GN R91 in Government Gazette No. 23053 dated 1st February 2002, bears that meaning."waste transfer and recycling station" means a waste handling facility that receives and temporarily stores waste or any recyclable waste, or a combination thereof.
2. Purpose of by-lawsThis by-law strive to promote the achievement of a safe and healthy environment for the benefit of residents within the area of jurisdiction of the municipality, and to provide for procedures, methods and practices to promote waste management activities such as, but not limited to, the dumping of waste and the management of solid waste disposal sites.
3. Applicable legislationThe Directions in terms of section 20(5)(b) of the Environment Conservation Act, 1989 (Act 73 of 1989) with regard to the Control and Management of General Communal and General Small Waste Disposal Sites as published in GN 91 in GG 23053 of 1 February 2002 apply.
4. Duties and powers of municipality
5. Compulsory use of service
6. Establishment and control of disposal siteThe municipality may establish and control a disposal site, or may appoint agents or may contract some other person or body to control, manage and operate a disposal site on behalf of the municipality in accordance with the provisions of this by-law and the provisions of any other legislation that may be applicable.
7. Access to disposal site
8. Off-loading of waste
9. Ownership of waste
10. Categories of wasteThe municipality may, for the purposes of this by-law, categorise waste into different categories.
11. Separation of waste for recycling purposesThe municipality may require that waste be separated into different kinds and nature of waste for the purposes of recycling or for any other purpose in terms of this by-law.
12. Provision of waste bins
13. Location of waste bins
14. Maintenance of waste bins
15. Collection of waste
16. Access to premisesExcept where otherwise approved by the municipality, the owner of premises must ensure that access from the nearest public road to the waste storage area on a premises is independent and unimpeded, and an owner who fails to do so, commits an offence.
17. Right of entry
18. Dumping and littering
19. Burning of wasteNo person may burn waste without the written approval of the municipality.
22. Liaison forums in community
23. Authentication and service of order, notice or other document
24. 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.
25. PenaltiesA person who has committed an offence in terms of this by-law is liable upon conviction to a fine or imprisonment, or either such fine or imprisonment or to both such fine and such imprisonment and, 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, 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.
26. 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.
27. 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.
28. Short title and commencementThis by-law shall be known as the Solid Waste Disposal By-law, and commences on the date of publication thereof in the Provincial Gazette.
- Entire By-law
- 1. Definitions
- 2. Purpose of by-laws
- 3. Applicable legislation
- 4. Duties and powers of municipality
- 5. Compulsory use of service
- 6. Establishment and control of disposal site
- 7. Access to disposal site
- 8. Off-loading of waste
- 9. Ownership of waste
- 10. Categories of waste
- 11. Separation of waste for recycling purposes
- 12. Provision of waste bins
- 13. Location of waste bins
- 14. Maintenance of waste bins
- 15. Collection of waste
- 16. Access to premises
- 17. Right of entry
- 18. Dumping and littering
- 19. Burning of waste
- 20. Charges
- 21. Exemptions
- 22. Liaison forums in community
- 23. Authentication and service of order, notice or other document
- 24. Appeal
- 25. Penalties
- 26. Conflict with other legislation
- 27. Revocation of by-laws
- 28. Short title and commencement
History of this By-law
9 November 2009 this versionPublished in Western Cape Provincial Gazette no. 6675By-law commences.