Amendments to the Property Rates Bill

Amendments to the Property Rates Bill

for sound environmental management

Co-ordinated by the Botanical Society of South Africa and Supported by:

Department of Environment Affairs & Tourism

Department of Agriculture & Land Affairs

Department of Water Affairs & Forestry

Working For Water National Program Office

Santam/Argus Ukuvuka Operation Firestop Campaign

South African National Parks

Eastern Cape Department Economic Affairs, Environment & Tourism

Ezemvelo Kwazulu-Natal Wildlife

Mpumalanga Parks Board

Northern Cape Department of Agriculture, Land Reform, Environment and Conservation

Western Cape Nature Conservation Board

Mondi Wetland Project

World Wide Fund for Nature- South Africa

To assist conservation of nationally important biodiversity and promote the adoption of Agenda 21.

Insertions/amendments in Rates Bill in blue and underlined

Mr Y Carrim- Chair Portfolio Committee Provincial and Local Government

We suggest the following amendments to Section 1:

"Definitions

"protected area" means any area declared in terms of national legislation as an are for the conservation of the biological diversity in the area or the preservation of the ecological integrity of the area;"

Amendments to section 3
"Part I
Rates policy
Adoption of rates policy

3. (1) A municipal council must adopt a policy consistent with this Act on the levying of rates on rateable property in a municipality

(2) A rates policy must-

(a) treat persons liable for rates equitably;

(b) determine the criteria to be applied by a municipality if it-

(i) levies different rates for different categories of property;

(ii) exempts a property or property of a specific category from a rate;

(iii) grants rebates or reductions in respect of a rate; or

(iv) increases rates;

benefit to the local community;

(d) take into account the effect of rates on the poor and include appropriate measures to alleviate the rates burden on them;

(e) take into account the effect of rates on welfare and charitable organisations, in the case of property used by such organisations;

(h) allow a municipality to promote local, social and economic development;

(g) identify, on the basis of a cost benefit analysis, all rateable properties that may not be subjected

valuation for purposes of rating.

(h) take into account the effect of rates on encouraging sound management & conservation of natural resources and sustainable land-use; and

(I) take into account the effect of rates on promoting the conservation of Threatened Ecosystems as listed by the Cabinet member responsible for the Environment.

(3) Any exemptions, rebates or reductions referred to in subsection (2) and provided for in a rates policy adopted by a municipality, must comply with any national framework that may be prescribed"

Amendments to Section 15:
"Part 3
Limitations on levying of rates

Constitutional constraints

15. (1)omitted

(2) Rates that are disallowed in terms of subsection (1) include rates on-

(a) public service infrastructure;

(b) coastal public property regulating the protection of the coastal environment;

1994), and islands of which the state is the owner;

(d) the Prince Edward Islands referred to in the Prince Edward Islands Act, 1948 (Act No 43 of 1948);

(e) any ~ land declared as a national or provincial protected area, excluding any part of such area on which improvements have been erected for commercial or business

purposes;

(2)(f)- (4) omitted.

(5) The Minister, acting with the concurrence of the Minister of Finance may, by notice in the Gazette, issue guidelines to assist municipalities in the exercise of their power to levy rates consistent with subsection (1)."