First Schedule (Section 71)
Powers of rural district councils
1. Acquisition, maintenance, development and disposal of property
(1)To purchase, hire, construct or otherwise acquire such movable or immovable property as may be required by the council for any purposes of the council, including the provision of houses for officers and employees of the council, and to maintain, improve, develop, sell, exchange, let or otherwise dispose of the same:Provided that, before any land is purchased or sold, or is let or hired for a period of ten years or more by a council—(a)the intention to do so shall be advertised in a newspaper; and(b)at least two weeks after the publication of such advertisement any objections which may have been received shall be referred to the council;and no such purchase, sale or lease shall be transacted except upon a resolution of the council after the provisions of this subparagraph have been complied with.(2)To acquire by voluntary purchase at a sale in execution, in pursuance of any judgment obtained by the council, any movable or immovable property within the council area.2. Open spaces
To provide, lay out, adorn and maintain any open space under the control of the council.3. Recreational facilities
(1)To provide and manage, on land under the control of the council, parks and other facilities for recreation, swimming or other sports, bathing, camping and caravanning and to do all things necessary or desirable in connection with the provision or operation of such facilities, including the provision of premises for the sale of food and drink.(2)To let such facilities as are referred to in subparagraph (1) or any portion thereof or rights therein to any person, club or other body of persons.4. Showgrounds
To provide, inside or outside the council area, showgrounds and facilities connected therewith and to do all thing necessary or desirable with regard to the provision of such showgrounds and facilities.5. Trees
To plant, cultivate, trim or remove trees and shrubs on land under the control of the council and to trim or remove roots or branches which interfere with or are likely to interfere with any water main, electricity line, public or private drain or other works of the council.6. Conservation of natural resources
To take measures for the conservation or improvement of natural resources.7. Bush fires
To provide means for the control, extinguishing and prevention of bush fires.8. Fences
To provide for the fencing of public or common land and for the maintenance and repair of such fences.9.
With the consent of the Secretary of the Ministry responsible for the administration of such land enter upon any State land or, with the consent of the owner or person who has the charge or control thereof, upon any other land, and to clear or render such State or other land free from any growing or standing crop, vegetation, rubbish or other offensive or unwholesome matter or thing which—(a)is being or has been cultivated, grown or accumulated on the land without the consent of the State or owner or person who has the charge or control thereof, as the case may be; or(b)constitutes or is likely to constitute a fire hazard or a danger to public health or to the natural resources of the council area or is unsightly.10. Cultivation and farming
To cultivate and farm land owned or controlled by the council which is not required for other purposes.11. Grazing
To permit the grazing of stock on land under the control of the council.12. Agricultural and other services
To provide services for the improvement of agriculture, forestry, viticulture, horticulture and livestock.13. Animal diseases
To suppress and control the outbreak and spread of animal diseases.14. Facilities for animals
To provide and maintain dipping tanks, fencing, outspans, stock pens and watering points.15. Fisheries
To establish, promote and maintain fisheries and fish farms.16. Slaughter-houses
To provide and operate, inside or outside the council area, public slaughter-houses, cold storage chambers and depots for the inspection of game and other carcasses.17. Markets and agricultural and other produce
(1)To provide and operate, inside or outside the council area, facilities for the inspection, grading, storage and treatment of agricultural and other produce and to undertake any service for improving the marketing of such produce.(2)To provide markets for the sale of agricultural and other produce, and carry on the business of dealing with agricultural and other produce at such markets or from mobile vans or other vehicles.(3)To let, on such terms and conditions as the council may determine, portions of such markets or stalls in such markets for—(a)the carrying on therein of the business of a cafe or restaurant; or(b)the sale by retail of agricultural and other produce; or(c)office accommodation for market agents; or(d)any other purpose approved by the Minister.18. Sale of products
To sell any products or by-products resulting from the carrying on or operating of any of the works or undertakings which the council is authorized to carry on or operate.19. Manufacture and sale of mahewu
To manufacture the drink commonly known as mahewu or maheu and to sell it in beerhalls and other outlets operated by the council in terms of the Liquor Act .20. Roads bridges, dams, etc.
(1)Subject to this Act and any other enactment, to provide and maintain, by itself or through any contractor or agent, roads, bridges, canals, reservoirs, dams, water courses, furrows and culverts.(2)To name roads and streets and to number and renumber premises and buildings thereon and to require owners and occupiers of such premises and buildings to affix the number thereof in a conspicuous place and to renew it if it becomes defaced.(3)Roads, including bridges and culverts, may be provided and maintained in terms of subparagraph (1) outside the area of a council—(a)for access to or in connection with any facility or amenity provided or operated by the council; and(b)either solely by the council or jointly with any other local authority or with the State or any statutory body.21. Parking
To provide and maintain parking places for motor vehicles on land acquired or specially set aside for the purpose.22. Omnibuses
(1)With the consent of the Minister, to establish, acquire, contract for, maintain and carry on within the council area a service of omnibuses for the carriage of passengers and parcels and, in connection with any such service, to enter into an agreement with any person for the establishment or acquisition of any such service or for the construction or laying down of any works for such service or for the equipment, maintenance, working or carrying out of any such service and to exercise any such powers either alone or in conjunction with any other person.(2)To exercise the powers mentioned in subparagraph (1) in any area outside the council area with the consent of the local authority, if any, for such area or, if there is no such local authority, with the consent of the Minister.(3)To grant subsidies to any person carrying on a service of omnibuses for the carriage of passengers and parcels inside the council area or partly inside and partly outside the council area.23. Ferries
To establish, maintain and control ferries.24. Lighting
Subject to the Electricity Act , to provide for the lighting of streets, roads and public places within the council area.25. Decorations and illuminations
To provide and operate decorations and illuminations of roads and buildings.26. Advertising hoardings
To provide advertising hoardings on property under the control of the council and to hire out space on such hoardings.27. Drains, sewers and sewerage works
(1)To make, construct, alter, keep clean and in repair, maintain and extent drains, sewers, combined drains and sewerage works, inside or outside the council area.(2)To provide, undertake, carry out, maintain and extend, inside and outside the council area, any scheme of sewerage or drainage for the collection, conveyance or disposal of sewage or storm water within any part of the council area, together with all the necessary sewerage works, and to acquire all the necessary land and premises for the purpose.(3)To make such sewers, drains, combined drains and sewerage works as may be necessary for effectively draining the whole or any portion of the council area and to carry any such sewers, drains, combined drains and sewerage works through, across or under any road, or under any cellar or vault which may be under the pavement or carriageway of any road, inside or outside the council area and into, through or under any land or premises whatsoever inside or outside the council area and, for this purpose, Parts III and V of the Land Acquisition Act , shall apply, mutatis mutandis, in respect of any such works:Provided that—(i)the council or any person duly authorized by it shall at all times have the right of access over and through such land or premises to any such sewers, drains, combined drains and sewerage works for the purposes of inspection, maintenance, alteration or repair;(ii)all such sewers, drains, combined drains and sewerage works shall be vested in the council.(4)To alter, enlarge, divert, discontinue, close up or destroy any sewers, drains, combined drains or sewerage works under its control.28.
(1)Subject to the Water Act , to provide and maintain for domestic, irrigation, industrial or mining purposes a sufficient supply of water for any inhabitants of the council area.(2)To do all things necessary for inquiring into and investigating any proposed source of or any scheme for such supply.(3)For the purposes of such supply and subject to the Water Act , to acquire land and to acquire water rights and other rights, whether inside or outside the council area.(4)Subject to the Water Act , to establish, provide, carry out, carry on and maintain all the necessary waterworks inside or outside the council area for providing and maintaining and, if necessary, augmenting and improving such supply, and, for the said purposes, by agreement to take over or purchase from any person any existing waterworks and take over and exercise all or any rights, powers, duties and liabilities legally exercised by and possessed by such person in connection with such waterworks.(5)To enter into and fulfil agreements with any other local authority or any person whatsoever for the purchase or sale of water, whether such water be required for domestic, irrigation or industrial purposes, and to lay down or extend outside the council area, subject to the terms of any such agreement, such water-mains and other works as may be necessary for conveying the water to the required point of distribution.(6)Notwithstanding anything to the contrary contained in this Act or any agreement made thereunder, by resolution temporarily to restrict or discontinue within any position of the council area the supply of water without any reduction of or rebate on the charge made thereof.(7)Where the council considers it necessary to do so in times of water shortage, to establish a scheme for the rationing or restricted use of water within urban land, which scheme may provide—(a)for the payment of a surcharge for use of water that is rationed or restricted;(b)for the apportionment of any surcharge amongst occupants of any building or group of buildings whose water supply is unmetered or jointly metered, whether or not such occupants have entered into an agreement with the council for the supply of water and irrespective of the quantity of water which such occupants may in fact have consumed;(c)for the installation of meters to measure the quantity of water consumed by individual occupants of any building or group of buildings;(d)for any matter referred to in paragraph 66 of the Second Schedule;(e)that any person who contravenes any provision of the scheme shall be guilty of an offence and liable to a fine not exceeding level six.(8)Where a council has established a scheme referred to in subparagraph (7), the council shall give notice thereof in a newspaper and in any other way that the council considers convenient to bring the scheme to the notice of persons affected thereby, and as soon as possible after the establishment of the scheme, the council shall give notice thereof in the Gazette.(9)No action shall on any ground whatsoever lie against a council in connection with any restriction or discontinuance effected in terms of subparagraph (6) or (7).29. Obstruction of water flow
Subject to the Water Act , to remove any obstruction, other than works constructed under the authority of any enactment, which interferes with the flow of any public stream.30. Pollution
To do all things necessary to prevent pollution in any form, whether of water, the atmosphere or otherwise, including the power to require any person to take the necessary steps to achieve such purpose at the expense of such person and, on the failure of such person to comply with his duty in that regard, to take steps on his behalf at his expense.31. Public sanitary conveniences
To provide public sanitary conveniences on land under the control of the council.32. Effluent or refuse removal and treatment
(1)To provide and operate a service for removing and treating trade or other effluent, refuse and human waste for the council area or any portion thereof and to make the use of the service compulsory.(2)To provide and operate a cleansing service for sewerage installations on private premises.33. Control of pests
To take measures to control or exterminate insects, pests and vermin.34. Hospital, clinics and health services
Subject to any other law, to provide and operate hospitals, clinics and dispensaries and to take any measures or provide any facilities which are considered necessary for the maintenance of health, including dental health.35. Ambulances
To provide and operate an ambulance service inside the council area or any portion thereof or outside the council area.36. Fire brigades
(1)To establish, equip and maintain fire brigades for the protection and saving of life and property in the case of fire or other emergency.(2)To take any necessary precautions for the preservation of life or property during or after fires or other emergencies.(3)To authorize any officer of a fire brigade or any other officer or employee of the council to enter any premises for any purpose mentioned in subparagraph (2) or for the purpose of obtaining access to and the use of water.37. Crèches
To provide and operate crèches.38. Maternity and child welfare services
To provide, operate or carry on services for the care and welfare of newly-born infants and for the giving of advice, guidance and instruction to expectant mothers and mothers of newly-born infants.39. Family planning services
To provide and operate or carry on services for child spacing and family planning.40. Charitable institutions
To provide and operate public institutions or services for aged persons or mentally or physically handicapped persons or for any other charitable purpose or public orphanages.41. Maintenance allowances
To provide maintenance allowances for aged persons, mentally or physically handicapped persons, orphans and indigent persons.42.
To provide funerals for indigent persons.43. Grants to charities, sports, etc.
(1)Subject to subparagraph (2), to make grants of money or loans for the establishment, maintenance or support of—(a)any organization or institution which is performing a function which the council itself is, by this Act or any other law, permitted to perform; or(b)institutions such as—(i)associations for the education of the public in road safety measures; or(ii)musical and dramatic societies, scientific, literary and musical institutions, including institutions providing lectures on scientific, literary and other subjects; or(iii)registered welfare organizations; or(c)agricultural societies; or(d)sporting or recreational bodies; or(e)organizations for the protection of adults, children or animals against accident or cruelty; or(f)organizations providing instruction in first aid, home or district nursing or any other matter relating to public health; or(g)organizations for the education, welfare or recreation of members of the Police Force and Defence Forces, students and school children, including such movements as the Boy Scouts and the Girl Guides Associations and other youth movements; or(h)prizes for schools or school-children; or(i)prizes for training in defence of Zimbabwe; or(j)measures for the relief of persons suffering from any disaster or widespread calamity; or(k)the National Arts Council of Zimbabwe; or(l)the National Trust of Zimbabwe, or(m)the Trustees of the National Museums and Monuments of Zimbabwe in respect of the acquisition, restoration or maintenance of historical properties within the council area; or(n)any university or college or any institute of adult education, whether inside or outside Zimbabwe, which is approved by the Minister responsible for education; or(o)bursaries for students at institutions, whether inside or outside Zimbabwe, approved by the Minister responsible for education.(2)A council shall not make any grant or loan in the exercise of the powers conferred by subparagraph (1) to an institution or organization which is conducted for profit or gain for any person, whether as a shareholder of a company or otherwise.44. Grants to other local authorities
To make grants to other local authorities.45. Educational institutions
Subject to any other enactment, to provide, operate and maintain schools and other educational institutions and facilities and amenities connected therewith and for such purposes to levy and collect fees and other charges.46. Youth centres
To provide and operate youth centres and facilities or amenities connected therewith.47. Employment bureaux
Subject to the Labour Relations Act , to provide and operate employment bureaux.48. Libraries, museums, theatres, public halls, botanical and zoological gardens
To provide and operate—(a)public libraries, museums, including fine arts museums, and art galleries;(b)theatres, public halls and public lecture rooms;(c)aquaria and botanical and zoological gardens;and facilities or amenities connected therewith and to hire out the facilities referred to in subparagraph (b).49. Orchestras and bands
To provide and maintain orchestras or bands and to hire them out.50. Aerodromes and helicopter stations
To provide, maintain and operate aerodromes and helicopter stations and facilities connected therewith.51. Boats
To provide and operate boats and boating establishments.52. Publicity
To advertise and give publicity to the amenities, attractions and advantages of the council area.53. Public entertainment
To incur expenditure necessary for the provision and acceptance of civic hospitality, civic presentations and civic courtesies and towards religious services, receptions, commemorations, celebrations, conferences, congresses, entertainments and functions of a civic, public or national character and to defray the expenses of the representation of the council on any such occasion.54. Allowances for councillors and members of committees
(1)Subject to subparagraph (2) with the approval of the Minister and in accordance with any resolution of the council, to pay to the councillors and to members of any committee a monthly personal allowance at a rate fixed by the council, not exceeding such sum as may be prescribed in regulations.(2)A personal allowance in terms of subparagraph (1) shall not be paid to a person—(a)in respect of the whole of any period of leave of absence from the council or committee, as the case may be, which exceeds a continuous period of thirty days;(b)in circumstances where any resolution of the council prohibits such payment.55. Acting allowances
With the approval of the Minister, to pay a councillor or any person who acts for the chief executive officer or any other officer or employee of the council during his absence, inability, or refusal of to perform his duties, such acting allowance as the council may in its discretion decide, not exceeding such sum as may be prescribed in regulations.56. Travelling expenses
(1)Subject to subparagraph (3), to pay to councillors, officers and employees of the council and members of committees and persons representing the council such sums as may reasonably be necessary to cover travelling and subsistence expenses while on the business of, or representing, the council.(2)Subject to subparagraph (3), to pay to persons interviewed for appointment to the employment of the council or travelling to take up employment with the council such sums as may reasonably be necessary to cover the travelling and subsistence expenses incurred by those persons in connection therewith.(3)Sums paid in terms of subparagraph (1) or (2) shall not exceed such amounts as the Minister may prescribe in regulations.57. Courses for councillors, members of committees, officers and employees
To provide, operate, support, promote or participate in courses of instruction, seminars and lectures for the purpose of improving the ability of councillors, members of any committee, officers and employees to carry out their functions.58. Loans to officers and employees for transport
To provide loans for officers of the council to enable them to purchase motor-vehicles necessary for the performance of their duties.59. Congresses
To incur expenditure in connection with—(a)the representation of the council at any congress or conference; or(b)any deputation appointed by the council or on which the council is represented.60. Subscriptions to associations
To pay subscription fees to associations established to protect the interests of local authorities or to render advice and service to local authorities.61. Insurance
To insure, either through the funds of the council or through underwriters—(a)against losses, damages, risks or liabilities the council may incur; and(b)councillors, members of any committee, officers and employees of the council and persons representing the council against any risk, while engaged upon the business of the council or otherwise.62. Mementoes
To present mementoes to past councillors and members of committees.63. Coats of arms and seal
To adopt a coat of arms or seal or both, which may be altered from time to time, and determine the use thereof.64. Monuments, statutes and relics
(1)To provide public monuments and statues on land acquired, leased or set aside for the purpose.(2)To undertake and carry on any scheme or work for improving facilities or amenities for the public in connection with any land or anything under the control of the council which is a monument or national monument or relic in terms of the National Museums and Monuments Act :Provided that no work shall be undertaken in terms of this subparagraph without the consent in writing of the Director appointed in terms of section 14 of that Act and in accordance with such requirements as he may stipulate.Second Schedule (Section 88 and 89)
Matters for which rural district councils may make by-laws
Part I – Proceedings of councils and financial matters
1. Proceedings at meetings
The regulation of the proceedings and the preserving of order at meetings of the council and committees, including provision for the suspension and exclusion of a councillor or member of a committee who disregards the authority of the chair or wilfully obstructs the business of the council or committee.2. Disclosure of documents and publication of proceedings
(1)The prohibition or regulation of the disclosure of documents and records of the council.(2)The prohibition or regulation of the publication of the proceedings of any committee or of the council whilst in committee.(3)The punishment by suspension of any councillor or member of a committee who is guilty of a breach of any by-laws made in relation to a matter specified in subparagraph (1) or (2).3. Financial
Subject to this Act and to regulations made in terms of section one hundred and fifty-nine, the regulation of the manner in which the finances of the council shall be controlled, including, without derogation from the generality of the foregoing, provision for—(a)ensuring the proper collection of income and the control of banking accounts and regulating the procedure for authorizing payments of accounts, including the signing of cheques; or(b)ensuring the proper custody and preservation of moneys, securities and other property; or(c)a procedure for the reporting of the loss or destruction of money or other assets or damage to assets; or(d)adequate control of stores and requiring and regulating the checking of stock.4. Contracts
Subject to section seventy-nine the regulation of the manner in which contracts shall be executed by or on behalf of the council.5. Tenders
Subject to section eighty-four, the regulation of the calling for, the submission of and the dealing with tenders and the placing of contracts for the execution of work for the council and the supply of goods or materials to the council.6. Capital development funds
The regulation of the operation of any capital development fund established in terms of section one hundred and twenty-eight.7. Allowances for councillors and members of committees
Subject to paragraph 54 of the First Schedule, providing for the payment of any allowances to councillors and members of committees and the circumstances in which such allowances shall not be payable.Part II – Controls over property
8. Protection of property controlled by council
The protection of property under the control of the council and the prohibition of any interference therewith or the defacing thereof.9. Protection of common property
Preventing damage to any property to which the inhabitants of the council area or any portion thereof have a common right and providing for the recovery of compensation for such damage.10. Vegetation
The preservation of trees, shrubs and other vegetation on property under the control of the council and the prevention of injury to such vegetation.11. Conservation of natural resources
The preservation and conservation of natural resources.12. Congregation, entry and parking on property controlled by council
(1)The prohibition or regulation of the congregation of persons on or in any land, building or premises under the control of the council.(2)The prohibition of—(a)the entry of persons on to any land, building or premises under the control of the council; or(b)the parking of motor and other vehicles on any land referred to in subparagraph (a);without the authority of the council.13. Permits for certain activities on land controlled by council
The granting of permits in respect of property under the control of the council for—(a)the catching of fish; or(b)the hurting of game; or(c)the picking of wild flowers; or(d)the taking of bees or honey; or(e)the making of bricks; or(f)the digging or removal of sand, clay or gravel; or(g)the quarrying of stone; or(h)the cutting of firewood, brushwood or grass; or(i)the grazing of animals.14. Removal of unauthorized buildings on land controlled by council
The removal of unauthorized buildings on land under he control of the council.15. Advertisements
(1)The regulation of the erection, display and use of any advertisement or sign, and any apparatus, device or surface upon which an advertisement or sign is displayed or which is erected or intended for the display of advertisements.(2)The prohibition of the erection of hoardings which constitute a disfigurement of, or a source of annoyance to, the neighbourhood.(3)The prohibition or regulation, and the inspection, supervising and licensing, of the use and passage of advertising vans, sandwichboards, lanterns, flags, screens or other movable advertising devices.(4)The prohibition and removal of advertising signs and the like which, in the opinion of the council, are a danger to traffic.16. Depreciation of property
The prohibition of—(a)the carrying out on land or in buildings of any work; or(b)the utilization of any land or buildings in a manner;which would be likely to depreciate or disfigure property, or to interfere with the convenience or comfort of the neighbours or with the amenities of the locality or to become a source of danger.17. Overcrowding
The prevention of the overcrowding of any building and defining what constitutes such overcrowding.18. Limitation and control of occupation and use of land or buildings
(1)Notwithstanding any other enactment, for regulating and controlling the occupation or use of accommodation which is occupied or used by, or which is designed or is intended for occupation or use by, employees, the number of persons who may occupy or use any land or buildings in the council area, for the summary eviction of any person occupying or using any land or building in contravention of the bylaws and the removal of any property, including any building or structure unlawfully erected, in connection with such eviction and for empowering the council to take measures to ensure compliance with the by-laws on the failure of any person to comply with his duty in that regard and to recover from such person any expenses incurred by the council in ensuring such compliance.(2)By-laws referred to in subparagraph (1) may provide that no compensation shall be payable in respect of property which is removed as referred to in that subparagraph and—(a)is destroyed and damaged in the course of such removal; or(b)is not claimed within a specified period of such removal and is destroyed.19. Excavations
Requiring all holes, wells, pits, excavations and ponds on any private land not effectively fenced or enclosed to be filled in or to be adequately protected, and, on the failure of any person to do any act to comply with his duty in that regard, empowering the council to do the act at his expense.20. Masts and poles
The regulation of the erection of masts or poles, the materials to be used and the painting thereof and the stays and other contrivances to be used in connection therewith.21. Hedges and trees
(1)The regulation of the planting of hedges, the position of hedges and the plants which may be used for hedges.(2)Requiring owners of property to remove trees, shrubs or hedges which obstruct natural lighting in neighbouring properties, and, on the failure of any person to do any act to comply with his duty in that regard, empowering the council to do the act at his expense.22. Fireplaces and chimneys
The maintenance of fireplaces and chimneys.23. Cooking and washing facilities
Ensuring that suitable and adequate accommodation and facilities for cooking and washing are provided and for ensuring and regulating the use of such accommodation and facilities.24. Occupation or use of buildings
(1)The prohibition or regulation of the use of underground rooms for human habitation or occupation.(2)The closing of buildings or parts of building which are unfit for human habitation or occupation.(3)The prohibition of the use, except with the consent of the council, of any building in a manner other than that indicated on plans submitted to and approved by the council in connection with the construction thereof.(4)The closing of buildings the use and occupation of which have been prohibited.(5)The prohibition or regulation of the accommodation of employees in outbuildings other than those designed to accommodate persons.25. Dangerous or neglected buildings
(1)Requiring the protection, securing, repair, alteration, renovation, maintenance, closure or demolition of buildings or works of any nature which—(a)are or show signs of becoming dangerous or unhealthy; or(b)have fallen into a ruinous or dilapidated condition; or(c)are likely to detract from the value or desirability of other properties in the neighbourhood;and, on the failure of any person to do any act to comply with his duty in that regard, empowering the council to do the act at his expense.(2)Prohibiting the occupation or use of buildings or works referred to in subparagraph (1) until any work required to be done in respect of such buildings or works has been completed to the satisfaction of the council.26. Public buildings
(1)The regulation and the inspection, supervising and licensing of—(a)churches, chapels and other public places of worship, not being dwelling-houses so used;(c)colleges, schools and universities;(d)cinemas, theatres, public halls, public billiard rooms, public hotel rooms and public restaurants;(e)buildings or premises, including any house, garden or other place, which are kept or used for dancing or other public entertainment of any kind or used for dance studios or schools of dancing;(f)any other public places of assembly having accommodation for more than fifty persons.(2)The securing and keeping of places referred to in subparagraph (1) free from nuisance so as not to endanger the health or safety of persons reporting thereto or of members of the public generally.(3)The provision in cinemas, theatres and public halls of—(a)mechanical means of ventilation; and(b)seating accommodation;and the regulation thereof.(4)The prohibition of the use of buildings or premises referred to in subparagraph (1) which do not conform with the requirements of the by-laws.(5)The regulation of public libraries, museums and art galleries and other services and facilities provided in connection therewith.27. Fire-fighting equipment and fire-escapes
Requiring the provision in any building of suitable and adequate fire-fighting equipment and, in the case of buildings with one or more storeys above the ground floor, the provision of suitable and adequate fire-escapes.28. Numbering of premises and buildings
The numbering and renumbering of premises and buildings and imposition of duties and obligations in connection therewith upon the owners and occupiers of the premises and buildings.Part III – Planning, construction and use of buildings and structures
29. Interpretation in Part III
In this Part—“building” includes sewers, drainage works, swimming pools, walls, fences, masts, temporary platforms, grandstands and other structures, whether movable or immovable and above or below ground.30. Location and situation
(1)Requiring the pointing out of boundaries or beacons and otherwise ascertaining the limits and identity of sites upon which buildings are constructed or to be constructed.(2)The prohibition of the construction of buildings upon sites which are unstable, not readily susceptible to drainage, unhealthy or otherwise unsuitable for buildings.(3)Regulating the position in which buildings may be constructed upon sites.(4)Regulating the number of buildings which may be constructed upon sites.(5)Regulating the level or elevation at which buildings may be constructed in relation to land adjoining sites or likely to be affected by the construction of buildings.31. Plans, specifications and structural calculations
(1)The prohibition of the construction of any buildings without submitting plans, specifications and structural calculations to the council and having those plans, specifications and structural calculations approved by the council.(2)The submission, form, consideration and custody of plans, specifications and structural calculations.(3)The prohibition of the construction of buildings otherwise than in accordance with plans, specifications and structural calculations approved by the council.(4)Controlling amendments to and departures from approved plans, specifications and structural calculations.32. Nature, design and appearance of buildings
(1)Regulating the nature, design, appearance, height, ventilation, area, lighting and cubic content of buildings and the several parts thereof generally and according to where they are located or situated.(2)The prohibition of the construction of buildings which may—(a)be insanitary, dangerous or unhealthy; or(b)be objectionable, displeasing or unsuitable by virtue of the buildings themselves, the use to which they are to be put or their situation or surroundings; or(c)depreciate the value or desirability of other properties in the neighbourhood or the neighbourhood itself; or(d)cause annoyance to the inhabitants in the neighbourhood.(3)The prohibition or regulation of the fitting to buildings of clocks, awnings, flag poles, emblems, decorations and other fixtures or projections.(4)The prohibition or regulation of encroachments upon, over and under roads or public places.33. Drainage and sewerage provision
(1)Ensuring the provision of suitable and adequate toilet facilities, sewerage and drainage and sanitation and for enforcing and regulating the use thereof.(2)The provision and construction of drainage and sewerage for any premises.(3)The prohibition or regulation of the construction of septic or conserving tanks, including provision for the conditions and specifications to which such tanks shall conform.(4)The regulation of the construction and maintenance of private sewers and combined private sewers.(5)The regulation of the nature and construction of sanitary fittings.34. Water supplies
(1)Ensuring the provision of suitable and adequate supplies of water.(2)The regulation of the nature and construction of water fittings, including, without derogation from the generality of the foregoing—(a)specifying the size, nature, materials and strength and the mode of arrangement, connection, disconnection, alteration and repair of the water fittings to be used;(b)the stamping of water fittings to be used;(c)prohibiting the use of water fittings which are not duly stamped or which are of such a nature or so arranged or connected as to cause or permit, or be likely to cause or permit, waste, undue consumption, misuse, erroneous measurement or contamination of water or reverberation of pipes;(d)the testing and inspecting of water fittings.(3)The determination and regulation of the design and places where, water connections may be made and the testing and inspecting of water connections.35. Materials and construction
(1)The regulation of the excavation of land prior to the construction of buildings and the erection of supports and earthworks for the stability of buildings and convenient disposal of rainwater from a site.(2)The determination and regulation of the nature of the materials used in the construction of foundations, floors, walls, stairs, windows, doors, roofs, guttering, down-pipes, chimneys, drains and every other part of buildings.(3)The determination and regulation of the design and structure of buildings so as to ensure that proper regard is paid to loads, stresses, forces, structural calculations and other considerations relevant to the stability and durability of buildings.36. Conduct of building operations
(1)Regulating encroachments on, over or under, and interference with, roads or public places during building operations.(2)Requiring and regulating the erection and use of builders’ sheds and temporary sanitary conveniences for persons engaged on the construction of buildings.(3)Regulating, minimising and limiting disturbances caused by noisy, dirty or offensive operations.(4)Requiring the clearing up or removal of rubble, materials and refuse so that building sites are left in a clean and tidy condition and, on the failure of any pewn to do any act to comply with his duty in that regard, empowering the council to do the act at his expense.37. Inspections, samples and tests
(1)The inspection and testing of materials used for the construction of buildings and of work performed or being performed in the construction of buildings.(2)Ensuring that the approved plans, specifications and structural calculations are adhered to.(3)The taking and removal of samples of materials.(4)The allocation of costs of inspection and tests.38. Temporary structures
(1)Determining buildings and classes of buildings which shall be subject to prohibition and control as temporary structures and regulating the construction and retention of temporary structures.(2)Requiring the demolition and removal of temporary structures.(a)are constructed without permission; or(b)become dangerous, unhealthy, dilapidated or unsightly;and on the failure of any person to do any act to comply with his duty in that regard, empowering the council to do the act at his expense.39. Use of buildings
(1)Prohibiting the use or occupation of buildings or any part of buildings prior to completion to the satisfaction of the council.(2)Regulating the use of buildings, including prohibiting the use and occupation of buildings which—(a)are constructed in contravention of plans, specifications and structural calculations approved by the council; or(b)do not conform with the requirements of the by-laws.(3)Requiring the alteration or demolition of buildings which—(a)are constructed in contravention of plans, specifications and structural calculations approved by the council; or(b)do not conform with the requirements of the by-laws;and the removal of any rubble, materials and refuse and, on the failure of any person to do any act or comply with his duty in that regard, empowering the council to do the act at his expense.40. Completion of buildings
(1)Ensuring that buildings, the construction of which has commenced, are completed.(2)Requiring uncompleted buildings to be demolished or otherwise rendered safe, tidy and as little offensive as possible and, on the failure of any person to do any act to comply with his duty in that regard, empowering the council to do the act at his expense.41. Use of scaffolding, hoarding or protective devices
Requiring and regulating the erection, lighting and use of scaffolding, hoarding or protective devices during the construction, repair or demolition of any building.42. Administration of by-laws relating to certain matters
(1)Establishing boards or tribunals and determining procedures whereby disputes between the council, builders, landowners and other persons concerning the implementation of by-laws relating to the construction, maintenance or use of buildings may be resolved.(2)The relaxation or waiver of the provisions of by-laws relating to the construction, maintenance or use of buildings.43. General
Regulating the situation, location, construction, maintenance and protection of all buildings, monuments, masts and other structures, whether of a permanent or temporary nature, in order to protect and ensure the safety, health, comfort and aesthetic pleasure of persons visiting, living, working or otherwise present in the council area or any portion thereof.Part IV – Roads and traffic
44. Work in vicinity of roads
Requiring the owner of any land on which any work is or is about to be done which may damage any road—(a)to deposit with the council a sum of money as estimated by the council against the cost of repairing such damage; and(b)to take such measures as the council may specify for securing the safety and convenience of persons using any roads or property in the vicinity of such work.45. Scaffolding and decorations on roads
The regulation of—(a)decorations or illuminations; and(b)scaffolding, hoarding and protective devices such as are referred to in paragraph 41;on or over roads.46. Gatherings and noises in roads
(1)The regulation of performances, singing, dancing and gatherings in roads.(2)The regulation and prohibition of the use in roads of loudspeakers or other devices for the reproduction or amplification of sound.47. Prevention of use of pavements for unauthorized purposes
(1)The prohibition of the use of vehicles, other than perambulators and invalid chairs, on any pavement, except for the purpose of crossing the same to or from any premises.(2)The prohibition of the use of any pavement—(a)for the display, storage or sale of goods; or(b)for any other purpose which is likely to encumber or obstruct the free passage along that pavement.48. Trees, shrubs, etc., in relation to roads and traffic
(1)The prevention of trees and shrubs on private property from overhanging or encroaching upon, or the roots thereof protruding into or under, any road so as to damage any road or obstruct or endanger any user of such road and the measures to be taken for the removal thereof by the owner or by the council at the expense of the owner.(2)The prohibition of the erection of any wall or fence or the planting of any tree, shrub or hedge which, owing to its position in regard to any road or intersection of roads or for any other reason, constitutes a danger to traffic.(3)Requiring the removal lowering or trimming of any wall, fence, tree, shrub or hedge which, owing to its position in regard to any road or intersection of roads or for any other reason, constitutes a danger to traffic and, on the failure of any person to do any act to comply with his duty in that regard, empowering the council to do the act at his expense.49. Regulation of use of roads
(1)The prohibition, restriction and regulation of the use of any road by—(a)vehicles generally or any particular class of vehicles for the purpose of controlling traffic; or(b)notwithstanding anything contained in section 9 of the Road Traffic Act , holders of learners licences.(2)The fixing of the maximum axle-load of any vehicle which may be permitted on any road.(3)The prohibition, restriction or regulation of the use of any road by animal-drawn vehicles.(4)The prohibition, restriction or regulation of the use of any road with a surface constructed of gravel, bitumen or other like material by vehicles which are not equipped with pneumatic tyres or by any other particular class of vehicles.(5)The prevention of damage to roads, including damage caused by the overloading of vehicles, having regard to the nature of such vehicles and the season of the year.50. The naming of roads.
Naming of roads51. Obstruction of roads and other public places
The prevention of the obstruction of any road or other public place.52. Processions and public meetings
The regulation of processions and public meetings in roads and other public places.53. Driving of stock
(1)The regulation of the driving or leading of stock on roads or on land under the control of the council.(2)The prohibition of the driving or leading of stock except along such routes and during such hours as may be specified in the by-laws.54. Parking of vehicles
(1)The regulation and supervision of parking garages and parking places and of the use thereof and of parking meters or other devices for the control of the parking of vehicles.(2)The prohibition or regulation of the parking of vehicles in any road.55. Loading and unloading
The conditions subject to which and the times at which articles may be loaded on to or unloaded from vehicles in any road.56. Use of warning devices
The regulation of the use of hooters, horns or other such warning devices on any vehicle and the prohibition of their use during such hours and in such areas as may be specified in the by-laws.57. Regulation and licensing of cycles and certain other vehicles
(1)In this paragraph—“vehicle” means any cycle or other vehicle which is intended or adapted for use on roads, but does not include—(d)any vehicle which is kept by a dealer for the purpose of sale only;(e)any vehicle which is used solely on a farm or mining location for farming or mining purposes.(2)The regulation of the use of any vehicle.(3)The licensing of any vehicle which is ordinarily kept within the council area.58. Taxi-cabs and omnibuses
(1)The regulation of the use of taxi-cabs and omnibuses carrying passengers or parcels for hire or reward.(2)The fixing of the fares to be charged and the regulation of disputes as to fares in respect of taxi-cabs and omnibuses.(3)Ensuring generally the good and efficient working of any taxi-cab or omnibus service.59. Driving of taxi-cabs
The regulation and licensing of the drivers of taxi-cabs.60. Omnibuses
(1)The regulation of any omnibus service.(2)The prohibition of the driver of any omnibus from—(a)accepting any passenger while the vehicle is in motion or is stopped within or at any place other than a place set aside for the purpose; or(b)permitting any person to use the omnibus or a portion of the omnibus in contravention of any law.Part V – Amenities and facilities
61. Public sanitary conveniences
The regulation of the use of public sanitary conveniences provided in terms of paragraph 31 of the First Schedule.62. Parks, recreation grounds, caravan parks, camping grounds, etc.
The regulation of—(a)parks, recreation, athletic and sports grounds, swimming baths and like places of public entertainment, pavilions, refreshment rooms and restaurants; and(b)caravan parks, camping grounds, health or pleasure resorts, botanical or zoological gardens and any other accommodation, services, amenities and conveniences on land under the control of the council.63. Boating establishments
The regulation and licensing of boating establishments and boats, whether for hire or otherwise, on waters under the control of the council.64. Fish and fishing
Prohibiting or regulating the catching or killing of fish in dams, water sources, reservoirs and other water under the control of the council.65. Crèches
The regulation and licensing of crèches.Part VI – Water
66. General
(1)Subject to the Water Act , the regulation and rationing of the supply and distribution of water.(2)Without derogation from the generality of subparagraph (1), by-laws relating to matters referred to in that subparagraph may contain provision for all or any of the following—(a)the maximum quantity of water that may be consumed on any specified premises during any specified period;(b)the purposes for which, manner in which or periods during which water may not be used or supplied;(c)empowering a court to terminate a lease on the grounds that the lessee has failed to comply with any written directions given to him by the lessor as to the use of water on the premises leased in a manner which contravenes the provisions of any by-laws and the ejectment of any such lessee;(d)generally for the protection from injury or injurious use of any water works, water mains, connections and fittings of the council;(e)cutting off the supply of water, after not less than twenty-four hours’ notice, on account of—(i)failure to pay any charges which are due; or(ii)the contravention of any by-laws relating to waste, misuse or contamination of water;(f)providing for a scheme for the rationing or restricted use of water referred to in paragraph 28 of the First Schedule;(g)subject to section seventy-seven, the inspection of consumers’ premises at all reasonable times;(h)the testing and inspection of water mains;(i)fixing the duties of consumers in respect of meters and the settlement of disputes as to the amount of water supplied or tariff applicable.67. Pollution of water
The protection of any water from pollution.68. Wells and boreholes
Subject to the Water Act , the prohibition or regulation of—(a)the sinking, construction and extension of wells and boreholes; and(b)the use of water obtained from wells or boreholes; and(c)the interconnection of any well or borehole with the water mains or water supply of the council.Part VII – Sewerage, effluent, the destruction of insects and vermin and the removal of refuse and vegetation
69. Sewerage and drainage
(1)The closing of cess-pits and the removal or sealing or disused sewers.(2)The regulation of the use and protection from damage or injurious use of any system of sewerage and drainage and sewerage works.(3)The regulation of the use of septic or conserving tanks and the inspection and supervision of such tanks.(4)The prohibition or regulation of the discharge, directly or indirectly, of sewerage or other effluent or any solid, liquid or gas into any public stream, public sewer or public drain.70. Sanitary fittings
(1)In this paragraph—“sanitary fitting” means any water closet, urinal, bidet, slopsink, bath, wash basin, sink, shower or other fitting of a like nature from which soil-water or waste water is disposed of into a soil pipe or waste pipe, as the case may be.(2)The prohibition of the use or occupation of premises where the required sanitary fittings are not provided.(3)The prohibition of the use of sanitary fittings which are defective or insanitary.71. Effluent and refuse removal
(1)The removal or disposal of—(b)effluent, water or refuse, whether trade, domestic or otherwise;(c)decaying and other offensive or unhealthy matter;and requiring the use by persons of any system or undertaking provided by the council for the collection, removal or disposal thereof.(2)The specification of the type of container to be used by the owner or occupier of any premises for the storage of refuse pending removal and the supply of such type of container in circumstances where such containers are not provided in sufficient number or of adequate size or construction.(3)The regulation of the positions where containers referred to in subparagraph (2) shall be placed.(4)The prohibition or regulation of the arrangement, construction and siting of any building or appliance appertaining to the disposal of human waste or domestic or trade effluent.72. Cleansing of sewers, roads and yards
The regulation of the cleansing and condition of sewers, private roads and yards common to two or more owners and the imposition of duties in respect thereof upon owners, occupiers and tenants.73. Crops, vegetation, rubbish and waste material
(1)The prohibition or regulation of—(a)the cultivating, accumulating or existence on any land of any crop, vegetation, rubbish or unwholesome or offensive matter or thing which—(i)constitutes or is likely to constitute a fire hazard or a danger to public health or the natural resources of the council area; or(ii)is such that it may give rise to circumstances in which a danger to public safety or security may arise; or(iii)is unsightly in the area or locality;(b)the accumulating, dumping, depositing, abandoning or dropping on or in any road, street, sidewalk, drain, land, premises or place of rubbish or waste material of any description including, without derogation from the generality of the foregoing, machinery or vehicles or parts thereof.(2)The destruction of plants that are noxious weeds in terms of the Noxious Weeds Act and the prevention of the propagation of such weeds.(3)Requiring the removal or clearing of crops, vegetation, noxious weeds, rubbish, waste material or any unwholesome matter or thing referred to in subparagraph (1) or (2) and, on the failure of any person to do any act to comply with his duty in that regard, empowering the council to do the act at his expense.74. Disease-carrying insects and vermin
(1)The destruction or extermination of disease-carrying insects and vermin.(2)The prevention of the keeping or breeding of rats and other vermin known to harbour or convey the infection of or cause any disease.75. Noxious insects
(1)The destruction or extermination of locusts, mosquitoes, flies and other noxious insects.(2)The prevention or abatement of conditions permitting or favouring the breeding of insects referred to in subparagraph (1).(3)The supply by the council of poison and appliances for any purpose referred to in subparagraphs (1) and (2).Part VIII – Animals, bees, reptiles and birds
76. Keeping of animals, bees, reptiles and birds
(1)The prohibition, regulation or licensing of the keeping of any animals, bees, reptiles or birds.(2)The prohibition of the construction or use for the keeping of any animals, bees, reptiles or birds of any building, kennel, cage, hive or other structure which is unfit or undesirable therefor or objectionable by reason of its locality, construction, condition or manner of use.(3)Defining the areas or premises within which or in the neighbourhood of which bees or specified kinds of animals may not be kept.(4)The prohibition of the keeping or harbouring, with power to provide for the seizure and destruction, of animals, bees, reptiles or birds which are vicious, diseased or otherwise constitute a danger to the safety of human beings or other animals.(5)The seizure of animals which are found trespassing or straying and—(a)the sale, destruction or other disposal of such animals if not claimed within a reasonable period; or(b)the destruction of such animals if so diseased that they are prejudicial to the health or safety of human beings or other animals.(6)The prevention of the straying or wandering of animals or reptiles.77. Public riding stables and kennels
(1)The regulation and licensing of public riding stables and kennels.(2)The standards and minimum requirements for the construction, maintenance, conduct, good order, cleanliness, lighting and ventilation of premises used in connection with public riding stables or kennels, and the provision and maintenance of fittings or apparatus used in connection therewith.78. Dog tax
The imposition, within any urban ward of the council area, of a tax on dogs of the age of six months or more.79. Slaughter of animals and slaughter-houses
(1)The prohibition or regulation of the slaughtering of animals, the establishment, locality, supervision, administration, operation and maintenance of slaughter-houses and the disposal of the waste products from slaughter-houses.(2)Requiring and regulating the use of public slaughter-houses and stock-fairs established in connection therewith.(3)Requiring and regulating the use of weigh bridges at slaughter-houses.80. Dipping tanks
The regulation of the use of dipping tanks.81. Stock pens
The regulation of the use of stock pens and the prohibition regulation or licensing of the use of private stock pens.Part IX – Food, food premises or vehicles and markets
82. Sale and supply of food
(1)The regulation of the sale, preparation, manufacture, keeping, storing, depositing, conveying, handling and exposure for sale of food, including pet food.(2)The prevention of the sale, preparation, manufacture, keeping, storing, depositing, conveying or exposure for sale of food that is, in the opinion of a medical officer of health or health inspector, adulterated, unwholesome or diseased.(3)The prohibition of the sale or supply of fresh meat obtained from cattle or other domestic livestock unless such cattle or other livestock have been slaughtered at a slaughter-house established or approved by the council.(4)The prohibition of the supply to persons within the council area or any portion thereof of—(a)meat of any description, including fish, pet food, game meat and poultry meat, which has not been inspected; or(b)any carcass of or meat or viscera from horses, mules or donkeys slaughtered outside the council area or the portion thereof, as the case may be.83. Premises, vehicles and employees
(1)The regulation, inspection and licensing of any premises in which food is sold, prepared, manufactured, stored, deposited or exposed for sale and the prevention of the use for such purposes of any premises that are unfit therefor.(2)The standards and minimum requirements for the construction, maintenance, conduct, good order, cleanliness, lighting, ventilation, water supply, sanitary fittings and drainage of the premises referred to in subparagraph (1), and the provision of the requisite utensils, storage, refrigeration, equipment, furniture, linen, crockery, furnishings and storage, and the care and maintenance thereof.(3)The specification of the goods or merchandise that may not be handled, stored, received or sold on premises referred to in subparagraph (1).(4)The regulation, inspection and licensing of vehicles used for or in connection with the vending of food.(5)The medical examination of any person employed in, or in connection with, the business of handling food.84. Food introduced from outside council area or particular areas
The prohibition or regulation of the introduction, distribution or sale within the council area or any portion thereof of—(a)food which has been produced or prepared outside the council area or portion thereof, as the case may be; or(b)meat or viscera from or carcasses of animals which have been slaughtered outside the council area or portion thereof, as the case may be;unless compliance has been made with such conditions as may be specified in the by-laws.85. Market gardens
(1)The regulation of the carrying on of any business whether inside or outside the council area, of a market garden or the growing of vegetables or fruit, the produce of which is intended for sale to members of the public within the council area or any portion thereof, and the storage and handling of such produce.(2)The inspection of any land whereon any business referred to in subparagraph (1) is carried on and of any premises wherein produce referred to in that subparagraph is stored and of any vehicles or receptacles in which such produce is conveyed.(3)The licensing of any person carrying on any business referred to in subparagraph (1).86. Markets
(1)The regulation of markets and, without derogation from the generality of the foregoing, of—(a)public sales thereat; and(b)the dues or charges payable in respect of goods submitted for sale at the markets; and(c)the licensing of persons authorized by the council to trade as market agents.(2)The regulation of the cleansing, cleanliness, sanitation and good order of markets and places used for public sale and barter and of the cleanliness, purity and wholesomeness of any goods exposed for sale thereat.Part X – Trade, occupation and other activities
87. Dangerous trades
The regulation of the carrying on of offensive, unhealthy or dangerous trade or occupations for the purpose of safeguarding the health or safety of members of the public.88. Employment bureaux and compulsory medical examination and treatment of workers
Subject to the Labour Relations Act , the regulation of employment bureaux and the provision of compulsory medical examination and treatment, where necessary, of employees and work seekers.89. Disinfection and fumigation
(1)The regulation, inspection and licensing of businesses carrying on disinfection, disinfestation or fumigation by cyanide or other means.(2)The penalizing of persons who, after notice thereof, refuse, without reasonable grounds, to vacate any room occupied by them in any building where fumigation by cyanide or other means is to be carried out.90. Infectious diseases
The prevention of the possible spread of infectious, contagious or noxious diseases by the carrying on of any business, trade or occupation.91. Hawkers and street vendors
(1)In this paragraph—“goods” means wares, merchandise, produce and, generally, corporeal movable things of any description;“hawker” means any person who carries on the business of selling any goods while travelling about for the purpose from place to place with the goods, either on foot or with a vehicle, animal or carrier, but does not include—(a)a baker or his employee in respect of the sale of bread;(b)the Dairy Marketing Board or a dairyman or its or his employee, as the case may be, in respect of the sale of milk;(c)any person in respect of the sale of publications sponsored by the State or newspapers;“public place” means any bridge, enclosure, foot-path, garden, open space, pavement, road, sanitary lane, sidewalk, square, sub-way or street of the nature of a thoroughfare vested in or controlled by the council and to which the public or any section of the public has access;“sell” means to sell by retail or by wholesale and, in addition to its ordinary meaning, includes barter or exchange or offer or expose or prepare for sale;“street vendor” means any person who sells goods from one or more fixed places in or on any public place but does not include any person in respect of the sale of publications sponsored by the State or newspapers.(2)The regulation and licensing of hawkers and street vendors and persons who employ or engage hawkers or street vendors as servants or agents.(3)The prohibition, regulation or inspection of the goods which may be sold by hawkers or street vendors.(4)The prohibition of the carrying on of business by hawkers or street vendors except in specified areas.(5)The specification of the times when or periods during which hawkers or street vendors may carry on business or allow goods to be exposed for sale at any one place.92. Electricians
The examination and licensing of electricians and the prohibition of unlicensed persons from acting as electricians.93. Plumbers and drain-layers
The examination and licensing of plumbers and drainlayers and the prohibition of unlicensed persons from carrying out plumbing or drain-laying work for the installation, alteration or repair of any system of water supply, sewerage or drainage.94. Hairdressers, barbers and beauty salons
(1)The regulation, inspection and licensing of any premises used for or in connection with the business of hairdressers, barbers or beauty salons and the prevention of the use for such purpose of any such premises as are unfit therefor.(2)The standards and minimum requirements for the construction, maintenance, conduct, good order, cleanliness, lighting, ventilation, water supply, sanitary fittings and drainage of the premises referred to in subparagraph (1), and the provision of the requisite utensils, equipment, furniture, linen and furnishings, and the care and maintenance thereof.(3)The medical examination of any person employed in or in connection with the business of hairdressers, barbers or beauty salons.95. Launderers, cleaners and dyers
(1)The regulation, inspection and licensing of any premises used for or in connection with the business of launderers, cleaners or dyers and the prevention of the use for such purposes of any such premises as are unfit therefor.(2)The standards and minimum requirements for the construction, maintenance, conduct, good order, cleanliness, lighting, ventilation, water supply, sanitary fittings and drainage of the premises referred to in subparagraph (1) and the provision of the requisite utensils and equipment, and the care and maintenance thereof.(3)The medical examination of any person employed in or in connection with the business of launderers, cleaners or dyers.96. Funeral parlours and mortuaries
The prohibition of the establishment of funeral parlours or mortuaries otherwise that in specified parts of the council area.97. Boarding-houses
The regulation, inspection and licensing of hotels and of premises providing accommodation for boarders or lodgers not being members of the family of the owner or occupier of the premises.98. Public auctions
The regulation and licensing of public auctions conducted otherwise than on premises for which a licence or permit in terms of the Tobacco Marketing and Levy Act , or the Shop Licences Act , has been issued, and the regulation and licensing of the trade or business carried on in connection with such auctions.99. Control of collections
The prohibition, regulation or licensing of collections for the purpose of obtaining money or goods, and the prohibition of persons from so collecting without the consent of the council.Part XI – Nuisances
100. General
The prevention or suppression of any nuisance which is likely to interfere with the ordinary comfort, convenience, peace or quiet, or affect the rights, of the public or any section of the public.101. Horns, bells, etc.
The prohibition or regulation of the use of horns, bells, loudspeakers and the like for the purpose of attracting customers or indicating the presence of vendors in the neighbourhood.102. Use of loud speakers
The regulation or prohibition of the use of loudspeakers or other devices for the reproduction or amplification of sound in or upon properties where such reproduction or amplification is audible beyond the boundaries of such properties.103. Objectionable advertisements, etc.
The prohibition of the exhibition in any place to which the public has access, or exposure to public view, of any advertisement, placard, poster, engraving, picture, drawing, print or photograph of an indecent, obscene or objectionable character.Part XII – Functions, performances, events and amusements
104. Performances dangerous to the public
The prohibition or regulation of performances considered by the council to be dangerous to spectators in any place to which the public has access.105. Amusements
(1)The regulation and licensing of amusement caterers and the prohibition of such persons from carrying on their business in such areas and during such hours as are specified.(2)The inspection of swings, roundabouts, switchbacks and installations of a like nature and all tents, structures and appliances provided for the amusement or recreation of the public, whether on public or private property, and the prohibition of the use of such as are, in the opinion of the council, unsafe or dangerous or which may tend to injure the health or destroy the comfort, reasonable peace and quiet, or affect the rights, of the inhabitants of the council area or any section thereof.106. Open-air events
(1)The regulation of open-air events and functions and the prohibition of them in such areas and during such hours as are specified.(2)The licensing of organizers of open-air events and functions and of the owners or occupiers of property on which such events or functions are held.(3)The prohibition or regulation of the construction, erection, use and removal of temporary platforms, grandstands, seats and other structures for the accommodation of spectators at open-air events and functions.(4)The requiring of the provision of adequate sanitary conveniences at open-air events and functions and regulating the nature, construction and mode of use of such sanitary conveniences.Part XIII – Fires, combustible material and explosives
107. Fires
(1)Requiring the provision on land and in buildings of precautions against the outbreak and spread of fires and warning devices in connection therewith and regulating the maintenance, use and inspection thereof and the prevention of interference therewith.(2)The prohibition of the obstruction of fire escapes, stairs, doors or other means available of exit from any building in the event of a fire.(3)The conditions under which the council may permit the use of its fire brigade outside its area.(4)The reporting of fires and the prohibition of—(a)interference with a fire brigade or appliances provided for or in connection with the extinguishing of fires; and(b)the giving of false alarms concerning fires.(5)The prohibition of the use or occupation of buildings which constitute a fire hazard.108. Bonfires and burning of rubbish
The prohibition or regulation of the burning of rubbish, trees bushes weeds or grass and of the making of bonfires.109. Combustible or inflammable material and explosives
(1)In this paragraph—“petroleum” means petrol or any other liquid which has a flash point in any apparatus specified in the by-laws for the purpose of this paragraph of sixty-five degrees Celsius or under.(2)The regulation of the keeping of folder and other combustible stores or materials.(3)The restriction of the sites which may be used for or in connection with, and the regulation of the size of stacks of, inflammable materials and the manner of stacking or storing such materials.(4)The regulation of the generation or storage of any inflammable or explosive gas, and the construction, maintenance and use of apparatus connected therewith.(5)The regulation and licensing of the storage of petroleum and the restriction of the sites therefor.(6)The regulation of—(a)the construction and maintenance of places or storage;(b)the construction, maintenance and use of buildings and premises connected with the storage;of petroleum.(7)The limitation of the quantities of petroleum which may be stored on any premises and the issue of permits regulating the quantities of petroleum which may be stored on any premises.(8)The regulation, for the purposes of the prevention of fire or explosion, of the manner of use or conveyance and the nature of the conveyance of petroleum.(9)The regulation of pumps, whether portable or otherwise, for petroleum and the sites therefor and use thereof, whether within the limits of any road or on private property.(10)The prohibition or regulation of the use of fireworks and combustible articles.Part XIV – General
110. Control of any service, institution or thing
The regulation of any service, institution or thing which the council is empowered to operate, carry out or do.111. Inspections
The regulation of any inspections or tests that may be carried out by or on behalf of the council.112. Charges
(1)Providing a tariff of charges which may be imposed by the council for any inspection carried out or service provided or any act, matter or thing done by the council in terms of this Act, including the requiring of a deposit in connection with any services provided by the council.(2)Fixing a scale of charges which may be imposed by the council in connection with the costs reasonably incurred in carrying out the removal, safe custody or disposal of, or in arranging for such removal, safe custody or disposal of, vehicles left in the circumstances mentioned in paragraph 26 of the Third Schedule to the Road Traffic Act .(3)Fixing a scale of surcharges which may be imposed by the council for the use of water at a time when water is rationed or regulated in terms of paragraph 66.113. Offences and penalties
Providing for offences in respect of contraventions of by-laws and prescribing penalties therefor:Provided that no such penalty shall exceed a fine of level five.Third Schedule (Sections 96 and 97)
Scales of development levies and special development levies
1. Interpretation
(1)In this Schedule“domestic worker” means an individual employed in a single private household, or in a welfare establishment maintained by a welfare organization for its members or officers, for the purposes of rendering domestic services in and around the premises of such household or establishment;“land levy” means a land development levy or a special land development levy;“unit” means a unit of land levy fixed in terms of subsection (4) of section ninety-six or subsection (5) of section ninety-seven;“skilled worker” means a person who—(a)holds a certificate of journeyman status issued or deemed to have been issued in terms of the Apprenticeship Training and Skilled Manpower Development Act ; or(b)holds a certificate of skilled worker qualification issued or deemed to have been issued in terms of section 44 of the Manpower Planning and Development Act or is entitled to be issued with such a certificate;“worker” means any person who is employed to perform work, but does not include a skilled worker or a domestic worker.(2)Any expression which is used in this Schedule and to which a meaning has been given in Part XII shall have that meaning in this Schedule.(3)For the purposes of this Schedule—(a)workers employed by an owner of a mining location shall be deemed to include all workers employed for mining purposes on the mining location, whether by an independent contractor or not;(b)the daily average number of workers employed or deemed to be employed by the owner of a mining location in terms of subparagraph (a) during the period of three months immediately preceding the fixed date shall be deemed to be the number of workers so employed or deemed to be employed.2. Scales of land levy
(1)Subject to this paragraph and paragraph 3, persons who are liable to pay a land levy shall pay it as follows—(a)an owner or permit holder referred to in paragraph (a), (d) or (f) of subsection (1) of section one hundred and one shall pay a land levy in respect of each area of land within the council area of which he is the owner or permit holder, as the case may be, in accordance with one of the scales set out in the Annexure appearing at the end of this Schedule adopted by the council in the financial year concerned—(b)an owner of a mining location referred to in paragraph (b) of subsection (1) of section ninety-six shall pay a land levy in respect of each mining location within the council area of which he is the owner, at whichever of the following rates is appropriate—(i)in the case of an owner of a mining location mining for gold, silver, platinum or precious stones—A. if he employs more than 5 but not more than 100 workers, 1 unit;B. if he employs more than 100 workers—I. for the first 100 workers, 1 unit;II. thereafter, for each 50 workers or part thereof, 1 unit;(ii)in the case of an owner of a mining location mining for base minerals as defined in the Mines and Minerals Act —A. if the output does not exceed 500 tonnes per annum, 1 unit;B. if the output exceeds 500 tonnes per annum—I. for the first 15 000 tonnes or part thereof, 2 units per 1000 tonnes or part thereof;II. for the next 25 000 tonnes or part thereof, 1 unit per 1000 tonnes or part thereof;III. for the next 25 000 tonnes or part thereof, 0,75 unit per 1000 tonnes or part thereof;IV. for the next 25 000 tonnes or part thereof, 0,5 unit per 1000 tonnes or part thereof;V. thereafter, for each 1000 tonnes, 0,25 unit per 1 000 tonnes or part thereof;(c)a licensed dealer shall, in respect of each premises from which he carries on his business as such, pay a land levy—(i)if he is the holder of one licence relating to premises, 2 units;(ii)if he is the holder of two or more licences relating to the same premises, 3 units;(d)a person who carries on a specified business and who is referred to in paragraph (e) of subsection (1) of section ninety-six shall, in respect of each specified business carried on by him on—(i)each area of land within the council area, pay a land levy of 5 units;(ii)any other rural land within the council area, pay a land levy of 5 units;(e)an owner of land referred to in paragraph (e) of subsection (1) of section ninety-six shall pay a land levy of 5 units in respect of each specified business carried on upon each area of land within the council area of which he is the owner.(2)In subparagraphs (a), (c), (d) and (e) of subparagraph (1)—“area of land” means. subject to subparagraph (3)—(a)a separate piece of land registered as such in a Deeds Registry; or(b)land held by any person in accordance with the provisions of any agreement which entitles him on the fulfilment by him of the conditions prescribed by such agreement, to obtain transfer thereof; or(c)land which is—(i)the property of the State or of the Trustees of the Rhodes Estates; and(ii)held by a person under an agreement of lease; or(d)an unregistered subdivision of land referred to in subparagraph (a), (b) or (c) and approved by the Surveyor-General, which subdivision is held by a person under an agreement of lease:Provided that the tax payable by an owner of an area of land referred to in subparagraph (a), (b) or (c) upon which there is such a subdivision shall be assessed by the council and paid by such owner in respect of both such subdivision and such area of land exclusive of such subdivision; or(e)a portion of Communal Land that is occupied or used in terms of a permit issued in terms of section 9 of the Communal Land Act .(3)If an owner of land leases land referred to in subparagraph (c) of the definition of “area of land” in subparagraph (2), which land is continuous with his own land, with an option to purchase such first-mentioned land, such first-mentioned land shall be deemed to be consolidated with and form part of his own land for the purpose of that definition.(4)A person who falls under more than one of subparagraphs (a) to (e) of subparagraph (1), whenever a land levy has been levied in relation to such subparagraphs, shall be liable to taxation under each such subparagraph.(5)For the purposes of subparagraphs (d) and (e) of subparagraph (1), where the same specified business is carried on by the same person upon separate portions of the same area of land or upon State land, a land levy shall be imposed only once in relation to such business in respect of such area of land or such State land in terms of that subparagraph (d) or (e), as the case may be.3. Maximum and minimum land levies
Notwithstanding any other provision of this Schedule, a council may determine that persons shall not in any one financial year pay—(a)a greater amount of land levy than such amount as may be fixed by the council; or(b)a lesser amount of land levy than such amount as may be fixed by the council;and different maximum and minimum amounts may be fixed for each class of persons referred to in paragraphs (a) to (f) of subsection (1) of section ninety-six.Annexure
Scales for purposes of paragraph 2(1)(A)
| Scale | Tax payable |
|---|
| Scale 1 | for each l00 hectares or part thereof | 0,25 unit |
| Scale 2 | A. for each such area not exceeding 20 hectares | 0,5 unit |
| B. for each such area exceeding 20 hectares | |
| | I. for the first 1 600 hectares | 1 unit per 400 hectares or part thereof |
| II. for the next 800 hectares or part thereof | 0,6 unit per 400 hectares or part thereof |
| III. for the next 2 000 hectares or part thereof | 0,3 unit per 400 hectares or part thereof |
| IV. for the next 4 000 hectares or part thereof | 0,2 unit per 400 hectares or part thereof |
| V. for the next 4 000 hectares or part thereof | 0,1 unit per 400 hectares or part thereof |
| VI. for the next 4 000 hectares or part thereof | 0,2 unit per 400 hectares or part thereof |
| VII. for the next 8 000 hectares or part thereof | 0,6 unit per 400 hectares or part thereof |
| VIII. for the next 16 000 hectares or part thereof | 0,8 unit per 400 hectares or part thereof |
| IX. thereafter, for each 400 hectares or part thereof | 1 unit |
Fourth Schedule
Special unit tax on farms (section 97A)
1. Interpretation
In this Schedule—“Natural Region” means a Natural Region specified in section 3 of the Rural Land (Farm Sizes) Regulations, 1999, published in Statutory Instrument 419 of 1999, or any other law that may be substituted for those regulations;“quarter” means a period of three months ending on the 31st March, 30th June, 30th September and 31st December in each year.2. Liability for and rate of special unit tax
(1)Every owner of a farm, and every lessee and holder of an offer letter or land settlement permit in respect of a farm, located in the Natural Region shown in the first column of the Annexure shall pay to the council within whose area the farm is situated the special unit tax indicated opposite thereto in the second column.(2)Subsection (1) does not apply to the holder of an offer-letter who has not obtained vacant possession of the farm to which the offer letter relates:Provided that such holder shall be deemed to have obtained vacant possession of the farm concerned if the previous owner or occupier of the farm has vacated it or no longer occupies it, whether or not the holder of the offer-letter actually occupies the farm himself or herself.(3)If the holder of an offer-letter—(a)obtains the offer letter after the date of commencement of the Finance Act, 2009; or(b)is not, on or at any time after the date of commencement of the Finance Act, 2009, liable to pay special unit tax because he or she has not obtained vacant possession of the farm to which the offer letter relates;the full amount of special unit tax shall be payable in respect of the quarter during which he or she obtains such letter or obtains vacant possession of the farm, as the case may be.3. Liability of joint occupiers
If any farm is occupied or used in undivided shares by two or more persons, such holders or users shall for the purposes of paragraph 2-—(a)be regarded as a single person; and(b)inform the council concerned which one of them will be liable for the payment of special unit tax and, if they fail so to inform such council, any special unit tax may be recovered from any one of them.4. Calculation of special unit tax
For the purpose of calculating the amount of special unit tax due in any quarter the appropriate amount indicated in the second column of the Annexure shall be divided by four and multiplied by the hectarage of the farm as indicated in the offer letter, land settlement permit or land settlement lease.5. Unsurveyed farms
(1)If a person occupies or uses any farm the area of which has not been ascertained by survey, the council concerned may estimate the area thereof for the purpose of assessing the special unit tax on such farm, and the area as so estimated shall be deemed to be the area of such farm until it has been ascertained by survey.(2)If the area of a farm referred to in subsection (1) ascertained by survey is—(a)greater than the estimated area of such farm, the person concerned shall not be liable to pay retrospectively any additional special unit tax in respect of the excess; or(b)less than the estimated area of such farm, the council shall not be liable to refund any special unit tax in respect of the shortfall.6. Additional sanction for non-payment of special unit tax
(1)The Minister responsible for the Gazetted Land (Consequential Provisions) Act (No. 8 of 2006) shall, at the written request of the council concerned, cancel the offer letter of any holder thereof who fails for three consecutive quarters: to pay special unit tax to the council within whose area the farm referred to in the letter is situated:Provided that if the holder of the offer-letter tenders payment of the full amount of special unit tax due within thirty days after receiving written notice of cancellation of his or her offer letter, the offer letter shall be deemed not to have been cancelled.(2)The provisions of a land settlement lease or land settlement permit concerning the cancellation of the lease or permit shall apply where the lessee or permit-holder fails to pay any special unit tax.Annexure
Rates of special unit tax
| Natural Region | Rental |
|---|
| 1 | $3 United States per hectare per annum |
| 2 | $3 United States per hectare per annum |
| 2a | $3 United States per hectare per annum |
| 2b | $3 United States per hectare per annum |
| 3 | $2 United States per hectare per annum |
| 4 | $2 United States per hectare per annum |
| 5 | $1 United States per hectare per annum |
| [Schedule inserted by Act 3 of 2009] |