GEORGE NEWS - The Community Services Directorate, Environmental Services Division has recently amended four by-laws, namely the Air Quality Management by-law, the Cemeteries and Crematoria by-law, the Public Amenities by-law and the Prevention of Public Nuisance by-law.

The revised documentation was approved in draft format in Council on 20 April 2023, and the draft by-laws 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 The current by-law was outdated and not aligned to applicable legislation and will be replaced by the Air Quality Management by-law.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 and application of the by-law
2. Duty of care
3. Designation of air quality officers and environmental management inspectors
4. Powers and functions of air quality officers and environmental management inspectors
5. Local emission standards, norms and standards, and smoke control zones
6. Smoke emissions
7. Public Participation process
8. Compliance and enforcement
9. General provisions

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

1. Name of the by-law was changed 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 and spray area
4. Additions to the purpose and objectives of the by-law - Chapter 1, Section1(b) (c) and Section 2
5. Amendments to the application of the by-law, Chapter 1, Section 3
6. Amendments to the duty of care, Chapter 2, Section 4
7. New addition to the by-law, Chapter 3, Sections 5, 6 and 7
8. New addition to the by-law, Chapter 4, Sections 8, 9, 10, and 11
9. Amendments and additions to smoke emissions – Chapter 5, Section 12 (3) and (4), Section 13 (2) (a-d) and 6
10. Additions, Chapter 5, Section16, 3 (a-c)
11. Additions, Chapter 6, Section 18 and 19
12. Additions, Chapter 7, Sections 20 and 21
13. Additions and amendments to Chapter 9, Section 26, 3 (a-f), 4 (a-e), 5, and Sections 27, 28, 29, 30, 31, 32 and 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
• Develop and maintain existing cemeteries
• Permit its residents to dispose of a corpse by cremation and
• 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 unauthorised camping
• An authorised officer and powers of the authorised officer
• Impounded property as a result of unauthorised 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 definition of "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 and penalties
7. Addition to the by-law, Section 8 – Repeal of the by-laws

Public participation details

Notices will be published on the municipal website and municipal social media sites. The Community Services by-law documentation can be found at this link. 

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 at smital@george.gov.za, phoned in to 044 802 2900 or submitted in person at the George Municipality Community Services Offices, 82 Meade Street.

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