The power to promulgate smoke control regulations, by effectively controlling the emission of smoke from premises and vehicles (Atmospheric Pollution Prevention Act 45 of 1965)

Setting of economic policy for industrial areas

Health services

Standard setting in terms of by laws

Technical knowledge (HR)

Policing

• Technical equipment
• Inspect (HR)

National legislation/ determines standards Min. may make regulations

Municipalities may issue regulations banning on smoking

Municipal Planning

Trading regulations

Fencing and fences

Public Works

Noise pollution

* Standard setting (by laws)

* Administration of by laws (HR)

Formulation of policy on child care facilities

Building reg.

Health services

* Standard setting and licencing (by laws)

* Administration of licences (HR)

No national legislation

Provincial health regulations

regulating all matters relating to the supply and utilisation of electricity and gas within or without the borough; prescribing the conditions of the supply and utilisation of and the connection and consumption charges for electricity and gas, including fees in respect of inspection, testing and for other services undertaken by the local authority and provision for periodic fixed and/or minimum and/or service charges which shall be brought into account in calculating any higher charge, differentiating equitably and according to circumstances between the conditions and charges applicable to various localities and different classes of buildings or consumers or the manner or purpose of utilisation of supply; prescribing an availability electricity charge in respect of properties, with or without improvements which are not connected to the council's electricity scheme if such properties can reasonably be so connected; and the precedence of applications; and

subject to the provisions of the Electrical Wireman and Contractors Act, 1939 (Act 20 of 1939), and any amendment thereof, prescribing the conditions upon which any person shall or shall not contract or carry out, or shall or shall not supervise or execute any electrical works within or without the borough, which are, or are intended to be connected with the works of the council's electric supply system, and prohibiting such contracting, supervision or execution except under permits issued by the council and upon compliance with the conditions subject to which such permits are issued;

Reticulation shall mean:

The establishment, acquisition, construction, maintenance and carrying on, within or outside the area of the local authority, of works for supplying power to the residents of that area, the reticulation of such power, and the conditions for the supply of such power, including the discontinuance of such supply, determined and made known by by-law by the local authority from time to time; including

Encourage economic development with low rates

Set tariff policy

Planning

Street lighting

* technical provision

• costing policy
• financing (payment)

National legislation (Electricity Act 41 of 1987)

'service' means a fire brigade service intended to be employed for-

(a) preventing the outbreak or spread of a fire;

(b) fighting or extinguishing a fire;

(c) the protection of life or property against a fire or other threatening danger;

(d) the rescue of life or property from a fire or other danger;

(e) subject to the provisions of the Health Act, 1977 (Act 63 of 1977), the rendering of an ambulance service as an integral part of the fire brigade service; or

(f) the performance of any other function connected with any of the matters referred to in paragraphs (a) to (e).

Subject to the regulations by the Minister ito Fire Brigade Services Act 99/1987 concerning:

(a) regarding any matter which may or shall be prescribed in terms of this Act;

(b) regarding the organization and procedure for the employment of a service of a controlling authority;

(c) regarding the uniforms, insignia and identification of members of a service of a controlling authority;

(d) regarding the safety requirements to be complied with on premises in order to reduce the risk of a fire or other danger, or to facilitate the evacuation of the premises in the event of such danger;

(e) regarding the use, manufacture, storage or transportation of explosives, fireworks, petroleum or any other flammable or combustible substance, gas or any other dangerous substance;

[Para. (e) substituted by s. 11 (a) of Act 83 of 1990.]

(f) regarding the specifications and standards with which the equipment and material of a service shall comply; and

(fA) regarding the control over and registration of the chief fire officer and members of a service;

[Para. (fA) inserted by s. 11 (b) of Act 83 of 1990.]

Building reg.

Airports

Health services (ambulance/ paramedics)

Trading regulations (fire regulations)

Local amenities

National legislation (Fire Brigade Services Act 99 of 1978)

Encourage LED

Planning

Public transport

Public works

Beaches and amusement facilities

Sport facilities

Parks and recreation

National legislation (Tourism Act )

Definition of "airport" deleted from Aviation Act 74 of 1962

'aerodrome' means any demarcated area on land or water or any building which is used or intended to be used, either wholly or in part, for the arrival or departure of aircraft, and includes any building, installation or equipment within such area which is used or intended to be used in connection with the arrival, departure or movement of aircraft.

Promotion of LED

Firefighting services

Planning (zoning)

Public transport

Public works

Noise pollution

Air pollution

Building reg.

National legislation (LGTA)

The provision of municipal health services.

S 20 of Health Act 63 of 1977:

Duties and powers of local authorities

(1) Every local authority shall take all lawful, necessary and reasonably practicable measures-

(a) to maintain its district at all times in a hygienic and clean condition;

(b) to prevent the occurrence within its district of-

(i) any nuisance;

(ii) any unhygienic condition;

(iii) any offensive condition; or

(iv) any other condition which will or could be harmful or dangerous to the health of any person within its district or the district of any other local authority,

or, where a nuisance or condition referred to in subparagraphs (i) to (iv), inclusive, has so occurred, to abate, or cause to be abated, such nuisance, or remedy, or cause to be remedied, such condition, as the case may be;

(c) to prevent the pollution of any water intended for the use of the inhabitants of its district, irrespective of whether such water is obtained from sources within or outside its district, or to purify such water which has become so polluted;

(d) to render in its district, subject to the provisions of this Act or any other law, primary health care services approved by the Minister, including services for-

(i) the prevention of communicable diseases;

(ii) the promotion of the health of persons;

(iii) the rehabilitation in the community of persons cured of any medical condition;

(iv) the treatment of diseases and injuries which are normally treated by a general practitioner; and

(v) the provision of essential medicines,

and to co-ordinate such services with due regard to similar services rendered by the Department of Health or the provincial administration of the province in which its district is situated.

(1A) In so far as a local authority is not already authorized thereto by any law, that local authority may-

(a) determine-

(i) the moneys payable for a service resulting from any function in terms of this Act;

(ii) the circumstances in which and the conditions under which such moneys shall be payable; and

(iii) the basis on which such moneys shall be calculated;

Air pollution

Fire fighting

Public works (clinics)

Cemeteries, funeral parlours, crematoria

Burial of animals

Control of undertakings selling food

Abbatoirs

National legislation

(a) subject to the provisions of the Road Transportation Act, 1977 (Act 74 of 1977), establish a municipal transport service on, over or underground for the conveyance of passengers and parcels and conduct the same within or without the borough; prescribe tariffs of charges for such conveyance based on distance or other circumstances; acquire by purchase or otherwise any existing public transport undertaking and conduct the same as or as part of the municipal transport service;

(b) pay a subsidy to any other local authority or to any person or body in respect of the operation of a transport service;

(c) provide for fare concessions or similar assistance in respect of elderly, infirm, handicapped or similar persons according to such conditions as it may prescribe;

(aa) in addition to any other powers, provide ranks, stands and stopping places, together with shelters and other facilities therein, off the public streets but on land having access thereto, for use by passenger-carrying public motor vehicles services on routes within the area;

Public works

Pontoons, ferries

Roads

Public places

Traffic and parking

Obligatory:

• provide ranks and stands for passenger transport vehicles (land & buildings)
• granting of licences for taxis (licensing system by DM) (administration HR)
• providing stopping places (technical & HR)

Discretionary :

• establish service (equipment & personnel)
• subsiding private undertaking

National legislation

The provision and control of pontoons, ferries, jetties, piers and harbours other than major ports (LGTA Sch 2A).

the construction or improvement of wharves, piers, jetties and landing stages (Sea-shore Act 21/1935)

Public transport

Public works

Amusement facilities

Pontoons & ferries:

Obligatory:

• regulating use - by-laws
• enforcement (HR)

Discretionary:

• providing vessels
• personnel (HR)

Jetties & piers

Obligatory:

• regulating use – by-laws
• enforcement (HR)

Discretionary:

* Building

Harbours: Obligatory:

• regulating use - by-laws
• enforcement (HR)

Discretionary:

• building/maintaining
• personnel (HR)

(1) Every municipality must, as part of the municipality's process of integrated development planning, take all reasonable and necessary steps within the framework of national and provincial housing legislation and policy to-

1. ensure that-

Building regs

Housing

Sanitation

Planning

Bylaws

'trading site' means a site set apart under the regulations for allotment to a trader for trading, business or professional purposes, the building upon which site has been erected or acquired by the holder of the trading site permit in respect of the site (Conversion of certain rights into leasehold or ownership Act 81 of 1988);

Promotion of LED

Building reg.

Planning

Selling of liquor

Animals

Selling food

Markets

Noise pollution

Public places

Street trading

National Law

'basic water supply' means the prescribed minimum standard of water supply services necessary for the reliable supply of a sufficient quantity and quality of water to households, including informal households, to support life and personal hygiene (Water Services Act 108 of 1997;

regulating the supply and distribution of water under the control and management of the council; preventing waste, undue consumption and misuse thereof; prohibiting and preventing the pollution of any water which the inhabitants have a right to use, whether within or without the borough; and compelling owners and occupiers to maintain in good order and repair, pipes, taps and fittings or any water furrow traversing or abutting on their premises (KZN Draft Bylaws);

Set policy on water tariffs / debt collection

Provision for indigent debtors

'water services work' means a reservoir, dam, well, pumphouse, borehole, pumping installation, purification work, sewage treatment plant, access road, electricity transmission line, pipeline, meter, fitting or apparatus built, installed or used by a water services institution-

(i) to provide water services;

(ii) to provide water for industrial use; or

Water Services Act 108 of 1997

defining and regulating drainage areas; regulating any system of sewerage or drainage and the use thereof, compelling the construction and connection by the owner of premises at his own expense of private drains with the council's sewers, drains or pipes and regulating the construction by the council at the owner's expense of all private drains in so far as they connect with and extend from the council's sewer, drain or pipe to the boundary of the premises concerned; (KZN Draft Bylaws)

Potable water supply

Public works

Health services

Building regs

Municipal planning

Sewage disposal

National legislation

Sewage disposal and the provision of a sewerage system.

Public works

Health services

Building regs

Municipal planning

Sewage disposal

National legislation

Tourism

Planning (zoning)

Trade regulation

Beaches:

• Regulation (by-laws)
• Inspectorate (HR)

Amusement facilities:

• standard setting (by-laws)
• licencing (HR)
• inspection (HR)

See new Liquor Act

'advertisement' means any visible representation of a word, name, letter, figure or object or of an abbreviation of a word or name, or of any sign or symbol; or any light which is not intended solely for illumination or as a warning against any danger;

Planning (zoning)

Trading regulations

Local sport facilities

Parks

Public places

Roads

National legislation

The establishment, control, management and regulation of cemeteries and crematoria and the regulation of matters relating to the removal or disposal of dead bodies. (See KZN Prov. Act 12/1996)

"Cemetery" shall mean any piece of ground duly set apart by the Commission as a public cemetery and shall include any private cemetery over which the Commission has assumed control and management by virtue of powers vested in it;

• "cemetery" means any place-

(a) where human remains are buried in an orderly, systematic and pre-planned manner in identifiable burial plots;

(b) which is intended to be permanently set aside for and used only for the purposes of the burial of human remains;

"cemetery authority" means the Regional Council, local council, tribal authority, body or person responsible for the proper operation of a cemetery, irrespective of whether such authority employs, appoints or contracts with some other authority, body or person to undertake the day-to-day operation of such cemetery;

"cremate" means to reduce any human remains to ashes and "cremation" has a corresponding meaning;

Planning

public works

Cemeteries

• facilities (land)
• personnel (HR)

Funeral parlours, crematoria

• regulation (bylaws)

National legislation

Provincial legislation

the use, upkeep and cleansing of public roads and public places; obstructions or encroachments thereon; and acts or things calculated to endanger or cause discomfort or annoyance to persons using the public roads and public places;

Health

Roads

National legislation (Health)

"nuisance" means any condition, thing, act or omission which is offensive or injurious or which tends to prejudice the safety, good order, peace or health of the area of any local authority or part thereof or the rights or reasonable comfort, convenience, peace or quiet of any neighbourhood within the area of any local authority and includes any act, exhibition or publication contrary to public decency or morals.

(1) Whenever the council or the medical officer of health is satisfied of the existence of a nuisance, as defined, within the area, it or he may serve or cause to be served an order in writing requiring such author, occupier or owner, as the case may be, to remove the cause of and to abate such nuisance to the satisfaction of the council within a reasonable period specified in such notice.

Health

Trading

Planning / zoning

Planning (zoning)

Powers relating to the erection, maintenance and repair of fences and gates on the commonage or the boundaries thereof and the fencing of wells, dams, quarries and excavations;

'Boundary fence' means any fence (including, in an area in respect of which a proclamation under section three is in force, a jackal-proof fence), together with any necessary gate or any contrivance forming part or serving the purpose of such a gate, erected on or as near as possible to the boundary of any holding and separating such holding from any other holding.

Planning

*setting standard (bylaws)

National legislation

Planning (zoning)

Health

Animals

Health regulations

Planning

Building regs

Health regs

"public amenity" means -

(a) any land, square, camping site, swimming-bath, public resort, recreation site, nature reserve, zoological, botanical or other garden, park or hiking trail, including any portion thereof and any facility or apparatus therein or thereon, but excluding any public road or street;

(b) any building, structure, hall, room or office including any part thereof and any facility or apparatus therein,

which is the property of, or is possessed, controlled or leased by the Board and to which the general public has access, whether on payment of admission fees or not;

3. also any public amenity contemplated in paragraphs (a) and (b), if it is lawfully controlled and managed in terms of an agreement by a person other than the Board and which is situated within a local government area.

(k) Municipal property and institutions -

(i) regulating and controlling the use by the public of parks, recreation grounds, botanical and other gardens, swimming baths and generally all institutions established or maintained by the council, and other property appropriated or set apart or held in trust for public purposes or to which the public is admitted; prescribing the days and times when any of the same shall be open to the public; prohibiting the commission therein of offences, nuisances and annoyances; regulating or restricting or, where deemed necessary in the public interest, prohibiting the entry of persons into any specified portion or portions thereof; and authorising the removal of persons misconducting themselves therein or offending against the bylaws;

(ii) protecting from damage, injury or unlawful interference, the works, undertakings and property generally of the council and any property held in trust for public purposes;

(iii) regulating, restricting or prohibiting the lighting of fires in the open air on land belonging to the council; providing for the granting of permits to make bricks or dig for or burn lime or dig for or remove clay, gravel, peat or turf or the like, or to quarry or crush stone or cut firewood, brushwood, grass or reeds upon municipal lands; and prescribing the fees (if any) to be paid therefor;

Parks and recrreation

Sport

Public places

Obligatory:

*regulation (bylaws)

*enforcement (HR)

Discretionary:

• provision of amenities (land, buildings)
• administration (HR)

Amenities

Obligatory:

• regulation (bylaws)
• enforcement (HR)

Discretionary

• provision of facilities (land, buildings)
• administration (HR)

(j) Markets -

(i) regulating the management and use of market places established by the council and of auction or sale rooms, warehouses and other buildings used in connection therewith, the acceptance and sale of goods brought thereto for sale whether by public auction or out of hand or privately and the conditions upon which the same shall be sold, the conduct of such sales and preserving good order in market places;

(ii) subject to the provisions of section 20 of the Commission for Fresh Produce Markets Act, 1970 (Act 82 of 1970), prescribing tariffs of market dues upon goods sold or brought for sale and a commission if the council itself acts as commission or market agent, tariffs of charges for the storage of goods and the use of mass-measuring machines and rentals for stalls let in such markets and generally for services supplied in such markets; provided that the council may, when prescribing any such tariffs differentiate in favour of all or any goods consigned to the market in standardised containers prescribed in the bylaws or any other law;

(iv) regulating sales (whether by auction or otherwise) by other persons upon land or premises belonging to the council and prescribing the fees payable to the council in respect thereof;

(v) regulating or restricting the holding of sales anywhere in the borough, whether by public auction or otherwise, at which animals are sold for slaughter; and

Trade regs

Building regs

Planning

Sanitation

Obligatory:

• regulation (bylaws)
• enforcement (HR)

Discretionary

National legislation

"Abattoir" shall mean the Municipal Abattoir, and shall include the area set aside by the Council for such purpose and demarcated as such, together with any building, space, pen, enclosure and lairage therein.

Health

Animals

Building regs

Abattoir Hygiene Act 121/92

Planning

Local tourism

Discretionary

• provision of facilities (land, buildings)
• administration (HR)
• regulation (bylaws)

National laws

The ownership, management and control of all public streets (other than main roads and national roads maintained by the Provincial Administration) and public places within the borough and the land comprised in such streets and places shall vest in the council which may assign names to such streets and places.

Planning

Sanitation

National legislation

establish and conduct pounds and do all such things as may be necessary to ensure the maintenance of an efficient pound system.

Planning

Accommodation of animals

The Council will arrange for the removal free of charge from all rateable properties within the Borough, or, in cases falling under Bylaw 3 of this section, from each separate place of business, flat or suite of apartments, of the contents of one refuse receptacle each week on such day and at such time as may from time to time be notified to the occupier by the Borough Engineer, and it shall be the duty of each such occupier to place his refuse receptacle at such time in a position, convenient for the removal of its contents, appointed by the Borough Engineer.

Planning

Subject to the provisions of the Electricity Act, 1958 (Act 40 of 1958), section 88 of the Post Office Act, 1958 (Act 44 of 1958), the Factories, Machinery and Building Work Act, 1941 (Act 22 of 1941), and the regulations framed under such Acts, and the Roads Ordinance 1968 (Ord. 10 of 1968), the council may -

Planning

Building regs

Roads

Provision of service

National legislation

A local authority, or any person in its employment authorised thereto by it either generally or specifically, may in respect of any public road within the area of jurisdiction of that local authority display or cause to be displayed in the prescribed manner any such road traffic signs as such authority or person may deem expedient. (Road traffic Act 1989)

National legislation