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Stormwater Management 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 9 April 2021]
1. DefinitionsIn this by-law, unless the context otherwise indicates—"built-up areas" means those portions or areas of the municipality which are divided into erven by means of physical survey or which are surrounded by surveyed erven, including the public roads adjacent thereto;"floodplain" means land adjoining a watercourse which is predisposed to flooding up to the 100 year recurrence interval;"municipality" means the Bergrivier Municipality 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;"organ of state" bears the meaning assigned to it in section 239 of the Constitution."private storm water system" means a stormwater system which is owned, operated or maintained by a person on his own property;"pollute" bears the meaning assigned to it in the National Water Act, 1998 (Act 36 of 1998);"stormwater" means water resulting from natural rainfall or the accumulation thereof, and includes—(a)groundwater and spring water ordinarily conveyed by the stormwater system; and(b)sea water within estuaries,but excludes water in a drinking water or waste water reticulation system;"stormwater system" means both the constructed and natural facilities, including roads, pipes, culverts, watercourses and their associated floodplains, whether over or under public or privately owned land, used or required for the management, collection, conveyance, temporary storage, control, monitoring, treatment, use or disposal of storm water;"watercourse" bears the meaning assigned to it in the National Water Act, 1998 (Act 36 of 1998);
2. Purpose of by-lawThe purpose of this by-law is to regulate stormwater management and activities that may have an adverse impact on the development, operation and maintenance of the stormwater system.
3. Application of by-lawThis by-law binds an organ of state and applies to storm water systems in built-up areas.
4. Prohibited conduct
5. Application and conditions which municipality may impose
6. Stormwater systems on private land
7. Powers of municipality
8. Authentication and service of notices and other documents
9. 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.
11. 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.
12. 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.
13. Repeal 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.
14. Short title and commencementThis by-law shall be known as the Storm Water Management By-law, and commences on the date of publication thereof in the Provincial Gazette.
- Entire By-law
- 1. Definitions
- 2. Purpose of by-law
- 3. Application of by-law
- 4. Prohibited conduct
- 5. Application and conditions which municipality may impose
- 6. Stormwater systems on private land
- 7. Powers of municipality
- 8. Authentication and service of notices and other documents
- 9. Appeal
- 10. Exemptions
- 11. Offences and Penalties
- 12. Conflict with other legislation
- 13. Repeal of by-laws
- 14. Short title and commencement
History of this By-law
9 November 2009 this versionPublished in Western Cape Provincial Gazette no. 6675By-law commences.