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Control of Disposal Sites By-law, 2004
- Published in Western Cape Provincial Gazette no. 6181 on 22 October 2004
- Commenced on 22 October 2004
- [This is the version of this document from 22 October 2004 and includes any amendments published up to 15 December 2022.]
Purpose of By-Law• To promote the achievement of a safe and healthy environment for the benefit of residents within the area of jurisdiction of the municipality;• To provide for procedures, methods and practices to regulate the dumping of refuse and the management of disposal sites.
1. DefinitionsIn this by-law, words used in the masculine gender include the feminine, the singular includes the plural and vice versa, the Afrikaans text prevails in the event of an inconsistency between the different texts and 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;"municipality" means the Municipality of Cederberg established in terms of Section 12 of the Municipal Structures Act, 117 of 1998, Provincial Notice 482 dated 22 September 2000 and includes any political structure, political office bearer, councillor, duly authorised agent thereof or any employee thereof 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;"disposal site" means any site set aside by the municipality for this purpose and which can be identified as such by means of a notice to this effect at or near to the entrance of the site, and;"offensive matter" means such matter, including fluids, that may be classified as such by the municipality from time to time.
2. Control of disposal siteThe municipality may 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.
3. Access to disposal site
4. Off-loading of refuse and rubbish etc.Any person who wishes to dump refuse or rubbish or any other obsolete object or thing of whatsoever nature, at a disposal site, shall off-load such refuse or rubbish or obsolete object or thing at such a place whithin the borders of the disposal site as the attendant may direct. Any person who disregards the reasonable instructions of the attendant shall be guilty of an offence.
5. Prohibition on dumping of offensive matterThe municipality reserves the right to prohibit the dumping of any offensive or toxic matter at a disposal site.
6. Ownership of refuseRefuse, rubbish, obsolete objects ar any other material or waste of whatsoever nature, dumped at a disposal site, becomes the property of the municipality and no person who is not duly authorised by the municipality to do so shall remove or interfere with such refuse, rubbish, objects or any other material or waste.
7. ChargesThe municipality may from time to time fix the charges payable to the municipality for the dumping of any refuse, rubbish, obsolete objects or any other material or waste at any disposal site under the control of the municipality.
8. PenaltiesAny person who contravenes or fails to comply with any provision of this by-law shall be guilty of an offence and liable upon conviction to—
History of this By-law
22 October 2004 this versionPublished in Western Cape Provincial Gazette no. 6181By-law commences.
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