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Waste Management By-law, 2021
- Published in Western Cape Provincial Gazette no. 8481 on 30 August 2021
- Commenced on 30 August 2021
- [This is the version of this document from 30 August 2021 and includes any amendments published up to 23 September 2022.]
1. DefinitionsIn this by-law a word or expression to which a meaning has been assigned in section 1 of or Schedule 3 to the Waste Act has the same meaning and, unless the context indicates otherwise—"Authorised municipal official" means a person designated in terms of section 30(1)(a) as an authorised municipal official;"Bulk waste" means waste that by virtue of its mass, shape, size or quantity is inconvenient to remove by the routine door-to-door waste removal service provided by the Municipality or a service provider;"Community scheme" has the meaning assigned to it in the Community Schemes Ombud Service Act, 2011 (Act 9 of 2011);"Compost" means stabilised, homogenous, fully decomposed material of animal or plant origin to which no plant nutrients have been added and that is free of substances or elements that could be harmful to human beings, animals, plants or the environment;"Composting" means a controlled biological process in which organic materials are broken down by micro-organisms into compost;"Event organiser" means a person who organises an event requiring an event permit;"Event permit" means a permit issued by the Municipality in terms of the [name of by-law] By-law for holding an event;"Event waste" means waste generated from activities related to an event authorised by an event permit;"Garden waste" means organic waste that emanates from gardening or landscaping activities, including soil, grass cuttings, leaves and branches, but excludes waste products of animal origin or bulky waste;"General waste storage facility" means a storage facility that has a capacity to store in excess of 100 cubic metres of general waste continuously;"Health care risk waste" has the meaning assigned to it in the Western Cape Health Care Waste Management Act, 2007 (Act 7 of 2007);"Integrated pollutant and waste information system" means the online waste management information system of the Western Cape Department of Environmental Affairs and Development Planning;"Integrated refuse management plan" means an integrated refuse management plan contemplated in section 7;"Litter" means waste, excluding hazardous waste, that has been thrown, dropped, deposited, spilled or in any other way discarded somewhere other than in a receptacle, and "littering" has a corresponding meaning;"Municipal council" means a municipal council contemplated in section 157 of the Constitution of the Republic of South Africa, 1996;"Municipal indigent policy" meansa policy for indigent users approved by the Municipality;"Municipal manager" means the person appointed as municipal manager by the Municipality in terms of section 82 of the Municipal Structures Act;"Municipal Structures Act" means the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998);"Municipal Systems Act" means the Local Government: Municipal Systems Act, 2000 (Act 32 of 2000);"Nuisance" means any damage, inconvenience or annoyance to a person caused by the improper generation, handling, management, storage, placement, collection, transport or disposal of waste, including littering;"Organic waste" means waste of a biological origin that can be broken down into its base compounds by micro-organisms, other living things or other forms of treatment within a reasonable period, and includes garden waste, animal carcasses, food waste and wood waste;"Peace officer" has the meaning assigned to it in the Criminal Procedure Act, 1977 (Act 51 of 1977);"Public place" includes—(a)a public road; and(b)any building or open or enclosed space, garden, park or other place used by the public or to which the public has a right of use or a right of access;"Public road" has the meaning assigned to it in the National Road Traffic Act, 1996 (Act 93 of 1996);"Receptacle" means a container approved by the Municipality and having the capacity for the temporary storage of waste;"Responsible person", in relation to waste, means a person who—(a)generates the waste;(b)is the owner of the land on which the waste has been disposed of; or(c)was in control of the waste when it was disposed of;"Service delivery agreement" means an agreement between the Municipality and a person in terms of which a municipal service is provided by that person, either for that person’s own account or on behalf of the Municipality;"Service provider" means a person who provides a municipal service in terms of a service delivery agreement with the Municipality;"Tariff" means the charge determined by the Municipality in terms of any applicable law for any service rendered by the Municipality or a service provider in terms of this by-law;"The Municipality" means the [name of municipality];"The Waste Act" means the National Environmental Management: Waste Act, 2008 (Act 59 of 2008);"Waste collection day schedule" means a schedule contemplated in section 10(1);"Waste disposal facility operator" means a person designated in terms of section 30(1)(b) as a waste disposal operator;"Waste management hierarchy" means a method of managing waste in the following order: avoidance, reduction, reuse, recycling, recovery, treatment and disposal;"Waste stream" means waste that can be separated into different types of waste, including building and demolition waste, business waste, bulky waste, domestic waste, garden waste, hazardous waste, health care risk waste, industrial waste and recyclable waste.
2. Application of by-law
4. Obligations of waste generators
5. Storage and receptacles for general waste
6. Ownership of waste
Integrated refuse management plan
7. Preparation of integrated refuse management planThe municipal manager may issue a directive to a person or any category of persons who generates waste in the area of the Municipality, to prepare an integrated refuse management plan and to submit the plan to the Municipality for approval.
8. Contents of integrated refuse management planAn integrated refuse management plan must include the following information:
Provision of waste management services
9. Service providers
10. Collection and transportation of general waste
11. Transporting waste for gainA person transporting general waste for gain in the area of the Municipality must—
12. Collection of unsuitable wasteA person may not place waste identified in terms of section 10(2)(d) for collection, either on its own or mixed with any other waste for which the Municipality provides collection services, unless prior arrangement is made with the Municipality for special collection by the Municipality or a service provider.
13. Waste transfer facilitiesA waste generator must, where applicable—
14. Disposal of waste
15. Storage, separation and collection of recyclable waste
16. Waste separation in geographical area
17. Prohibition of unauthorised disposal of waste
18. Prohibition of burning of wasteNo person may burn, incinerate or apply any other thermal treatment technology to waste except in a thermal treatment facility authorised by the Municipality or the relevant competent authority.
19. Prohibition of littering
20. Prohibition of nuisance
Handling different types of waste
21. Organic waste
22. Bulky waste
23. Building and demolition waste
24. Hazardous waste
25. Waste tyres
26. Event waste
27. Abandoned articlesThe Municipality may remove and dispose of any article it reasonably considers abandoned, taking into account the following factors:
Administrative matters, compliance and enforcement
28. Liability to pay tariffs
30. Designation of certain officials
31. Functions of authorised municipal officials and waste disposal facility operators
32. Premises inaccessible for waste collectionIf employees of the Municipality or a service provider contemplated in section 9 are—
33. Duty to produce documentsA person to whom a certificate, permit, authorisation or any other document contemplated in this by-law has been issued must produce it at the request of a peace officer or an authorised municipal official.
35. Compliance notices
37. Limitation of liabilityNeither the Municipality nor any other person is liable for any damage or loss caused by—
38. OffencesA person commits an offence if that person—
40. Repeal of by-lawsThe Cederberg Waste Management by-law is repealed.
41. InterpretationIn the event of a conflict between English, IsiXhosa and the Afrikaans versions of this By-law, the English version shall be decisive.
42. Short titleThis by-law is called the Waste Management By-law of the Cederberg Municipality.
History of this By-law
30 August 2021 this versionPublished in Western Cape Provincial Gazette no. 8481By-law commences.