This is the version of this By-law as it was from 19 December 2008 to 16 January 2014. Read the latest available version.
Hessequa
South Africa
South Africa
Irrigation Water By-law, 2008
- Published in Western Cape Provincial Gazette 6588 on 19 December 2008
- Commenced on 19 December 2008
- [This is the version of this document as it was from 19 December 2008 to 16 January 2014.]
1. Definitions
“dry erf” means an erf other than a water erf;“municipality” means the Municipality of Hessequa, established in terms of Section 12 of the Municipal Structures Act, 117 of 1998, and includes any political structure, political office bearer, councillor, duly authorized 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;“street” means any street, road, cycle path, thoroughfare or any other place, including –(a)the verge of any such road, street or thoroughfare(b)any footpath, sidewalk or similar pedestrian portion of a road reserve;(c)any bridge, ferry or drift traversed by any such road, street or thoroughfare;(d)any other object belonging to such road, street or thoroughfare, which has at any time been –(i)dedicated to the public;(ii)used without interruption by the public for a period of at least thirty years;(iii)declared or rendered such by the municipality or other competent authority, or(iv)constructed by a local authority, and(v)any land, with or without buildings or structures thereon, which is shown as a street on –(aa)any plan of subdivision or diagram approved by the municipality or other competent authority and acted upon, or(bb)any general plan as defined in the Land Survey Act, 1927, registered or filed in a deeds registry or Surveyor General’s office;unless such land is on such plan or diagram described as a private street;“water erf” means an original water erf, which according to the conditions of sale was entitled to receive irrigation water;“water fiscal” means a person appointed by the municipality to give effect to and to see to the proper administration and implementation of this by-law.2. Purpose of by-law
The purpose of this by-law is to provide procedures and rules for the provision and management of irrigation water to those properties in Hessequa which are entitled thereto in terms of the conditions of sale thereof.3. Distribution and availability of irrigation water
The municipality must-4. Prohibited conduct
5. Maintenance of infrastructure
6. Non-liability of municipality
7. Service charges
8. Appeal
A 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 therefore 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.9. Penalties
A person who has committed an offence in terms of this by-law is, on conviction, liable to a fine, or in default of payment, to imprisonment, or to both such fine and such imprisonment, and in the case of a successive or continuing offence, to an additional fine or in default of payment thereof, to additional imprisonment for each day on which such offence is continued.10. Revocation of by-laws
The 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 authorization for the execution of powers and functions in terms of section 84(3) of the Local Government: Municipal Structures Act, Act 117 of 1998.11. Short title and commencement
This by-law is known as the By-law relating to Irrigation Water, and commences on the date of publication thereof in the Provincial Gazette.Cited documents 2
Legislation 2
1. | Local Government: Municipal Systems Act, 2000 | 4368 citations |
2. | Constitution of the Republic of South Africa, 1996 | 585 citations |