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Special Rating Areas By-law, 2015
- Published in Western Cape Provincial Gazette no. 7366 on 20 March 2015
- Assented to on 26 February 2015
- Commenced on 20 March 2015
- [Up to date as at 29 July 2020]
Establishment of special rating areas
1. DefinitionsIn this By-law words or expressions shall bear the meaning assigned to them and, unless context otherwise indicates –“additional rate” means an additional rate contemplated in sections 19(1)(d) and 22(1)(b) of the Property Rates Act in section 12(2) of this By-Law;“applicant” means any owner who makes an application for the determination of a special rating area in accordance with provisions of Chapter 1, or if a management body is established in terms of section 10 any reference to “the Applicant” means the management body;“CFO” means the Chief Financial Officer of Cederberg Municipality, or his or her nominee.“Council” means Council of Cederberg Municipality;“implementation plan” means an Implementation Plan as contemplated in section 6;“limited special rating area” means a limited special rating area approved by the Council in terms of section 9;“majority” means the majority of property owners as contemplated in section 22 of the Property Rates Act;“management body” means the management body of a special rating area to be establishment in accordance with the provision of section 10;“motivation report” means a motivation report as contemplated in section 6;“owner” has the meaning assigned to it in section 1 of the Property Rates Act;“Policy” means the Policy for the determination of special rating areas, or any other policy adopted by the Council in relation to special rating areas, as in force from time to time;“Property Rates Act” means the Local Government: Municipality Property Rates Act, 2004 (Act No. 6 of 2004);“rateable property” has the meaning assigned to it in section 1 of the Property Rates Act;“special rating area” means a special rating area approved by the Council in accordance with the provisions of section 22 of the Property Rates Act and section 8 of this By-Law.
2. InterpretationIn the event of any conflict with the Afrikaans or isiXhosa texts the English text prevails.
3. Determination of special rating areasCederberg Municipality may by resolution of the Council determine special rating areas.
5. Public meetings
6. Motivation report and implementation plan
7. Advertising of application and objections
9. Determination of a limited special rating areaIf an application in terms of section 4 is not accompanied by the majority of the members of the local community in the proposed special rating area required by section 4(3)(c), but the applicant can demonstrate to the satisfaction of the Council, that –(a)there are such confirmations from owners of rateable properties in a limited geographical area within the proposed special rating area that would meet the requirements of section 4(3)(c) if they were to be applied to that area; and(b)the level of services to be provided will not be reduced and the budget will be reduced accordingly as a result of the provision of those services in the limited area alone, as compared to the provision of those services in the whole of the proposed special rating area,then the Council may, subject to the other requirements of this By-Law, determine a limited special rating area.
Special rating areas – structures and finances
10. Commencement of the implementation planOnce the Council has approved the establishment of the special rating area, the implementation plan may only be implemented after the management body has been established in accordance with section 11.
11. Establishment, composition, powers and duties of management body
13. The role of the CFOIn addition to the other responsibilities and obligations of the CFO as set out elsewhere in this By-Law, the CFO must –(a)Establish separate ring-fenced budget votes and other record-keeping systems regarding the revenue generated by the additional rate and the improvement and upgrading of the special rating area;(b)Monitor compliance with the applicable legislation, including this By-Law and the Policy, by –(i)receiving and considering the audited financial statements and reports regarding the carrying out of duties laid out in the implementation plan;(ii)if he or she elects to do so, nominate a representative to attend and participate but not vote at meetings of the management body.
Amendment and extention of implementation plans
14. Amendment to implementation plans
15. Extention of implementation plansA management body must, if it elects to extend the term of the implementation plan for a further period, on or before January in the year in which the implementation plan is due to terminate, submit an application to Cederberg Municipality for approval of extension of the term of the implementation plan, provided that –(a)the extension of the implementation plan may only be approved by the Council in accordance with the provisions of Chapter 1, with the changes required by the context, and the Council may, for good reason, on written application by the management body, exempt the management body from complying, or condone any non-compliance, with any such provisions;(b)the provisions of section 14 shall apply to any amendment of an implementation plan which has been extended in terms of this section.
Dissolution of a special rating area
- Entire By-law
- Chapter 1 – Establishment of special rating areas
- Chapter 2 – Special rating areas – structures and finances
- Chapter 3 – Amendment and extention of implementation plans
- Chapter 4 – Dissolution of a special rating area
- Chapter 5 – Miscellaneous provisions
History of this By-law
20 March 2015 this versionPublished in Western Cape Provincial Gazette no. 7366By-law commences.
26 February 2015Assented to by council.