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Community Services Directorate, Environmental Services division reviews four by-laws

MEDIA STATEMENT:  Community Services Directorate, Environmental Services division reviews four by-laws

Issued George Municipality,  28 April, for immediate release.

 

The Community Services Directorate, Environmental Services Division has amended four by-laws recently and the revised documentation was approved in draft format in Council on 20 April 2023, and are now published for public participation purposes. These by-laws hold the same power and force as other national and provincial legislation but are laws managed by the individual municipality in order to regulate the affairs and the services it provides within its area of jurisdiction.

 

DRAFT AIR QUALITY MANAGEMENT BY-LAW:

The George Municipality developed the Air Quality Control By-law for its municipal area which was adopted by Council and was subsequently promulgated in the Provincial Gazette and came into operation on 30 November 2010. The current by-law was outdated and not aligned to applicable legislation and will be replaced by the Air Quality Management By-Law.

The intent of this by-law is to elaborate and provide clarity on the following aspects pertaining to air quality management:

  1. Definitions, Purpose & Objectives & Application of the by-law
  2. Duty of care
  3. Designation of Air Quality Officers & Environmental Management Inspectors
  4. Powers and Functions of Air Quality Officers & Environmental Management Inspectors
  5. Local Emission Standards, Norms & Standards and Smoke Control Zones
  6. Smoke Emissions
  7. Public Participation process
  8. Compliance & Enforcement
  9. General Provisions

The following are the most important changes to the current by-law:

  1. Name of the by-law. From Air Pollution Control to Air Quality Management By-law.
  2. Amendments to existing definitions.
  3. New definitions – the Act, air quality management plan, air quality management officer, ambient air, Constitution, environmental management inspector, media blasting, National Framework, NEMA, obscuration, rubber product, soot blowing & spray area.
  4. Additions to the Purpose & objectives of the By-law -Chapter 1, Section1(b) (c) and Section 2.
  5. Amendments to the Application of the by-law, Chapter 1, Section3.
  6. Amendments to the Duty of Care, Chapter 2, Section 4.
  7. New addition to the by-law, Chapters 3, Sections 5, 6 & 7.
  8. New addition to the by-law, Chapter 4, Sections 8, 9, 10, & 11.
  9. Amendments & Additions to Smoke Emissions – Chapter 5, Section 12 (3) & (4), Section 13 (2) (a-d) & 6.
  10. Additions, Chapter 5 Section16, 3 (a-c).
  11. Additions, Chapter 6 Section 18 & 19.
  12. Additions, Chapter 7 Sections 20 & 21.
  13. Additions and Amendments to Chapter 9, Section 26, 3 (a-f), 4 (a-e), 5, Sections 27, 28, 29, 30, 31, 32 & 33.

 

DRAFT CEMETERIES AND CREMATORIA BY-LAW

The intent of this by-law is to:

  • Make provision for the allocation of land for the purposes of the burial of human remains.
  • To develop and maintain existing cemeteries,
  • To permit its residents to dispose of a corpse by cremation and,
  • To provide space allowing the preservation of the remains of a cremation in a dignified manner.

 

The following are the most important changes to the current by-law:

  • Establishment and maintenance of cemeteries
  • Interment of destitute persons
  • Rules and regulations during burials and responsibilities of persons arranging burials.
  • Penalties and offences in contravention of the rules and regulations.
  • Repeal of by-laws

 

DRAFT PUBLIC AMENITIES BY-LAW

The intent of this by-law is to:

  • Control access to and use of all public amenities owned by or under the control of the municipality.

 

The following are the most important changes to the current by-law:

  • Camping on designated camping areas and unauthorized camping.
  • An authorised officer and powers of the authorised officer,
  • Impounded property as a result of unauthorized camping,
  • Repeal of by-laws.

 

DRAFT PREVENTION OF PUBLIC NUISANCE BY-LAW

The George Municipality developed the Prevention of Public Nuisances By-law for its municipal area which was promulgated in the Western Cape Provincial Gazette and came into operation on 30 November 2010.

The current by-law was outdated and not aligned to applicable legislation.

The intent of this revised by-law is to elaborate and provide clarity on the following aspects pertaining to public nuisances:

  • The behaviour and conduct of persons which constitutes a public nuisance;
  • the right of entry, inspection and confiscation;
  • the serving of documents and processes to be followed.

The following are the most important changes to the current by-law:

  1. Amendments to existing definitions and referrals to legislation,
  2. New definitions – authorised official.
  3. Addition to the by-law, Section 4 – right of entry, inspection and confiscation
  4. Addition to the by-law, Section 5 – Service of documents and process
  5. Addition to the by-law, Section6 – Appeal
  6. Addition to the by-law, Section 7 – Offences & Penalties
  7. Addition to the by-law, Section8 – Repeal of the by-laws

 

PUBLIC PARTICIPATION DETAILS

Notices will be published in the George Herald, on the Municipal Website and municipal social media sites. Please follow this link to access the Community Services By-Law documentation https://www.george.gov.za/george-doc-categories/documents/bylaws-and-regulations/community-services/ Hard copies will be provided at all public libraries in George for review. Feedback is required within 30 days. Comments and inputs can be emailed to Mr Sivuyile Mtila smital@george.gov.za , phoned in to 044 802 2900 or submitted in person at the George Municipality Community Services Offices, 82 Meade Street.