Taxonomies
Knysna
South Africa
South Africa
Tariff By-law, 2008
- Published in Western Cape Provincial Gazette 6515 on 11 April 2008
- Commenced on 11 April 2008
- [This is the version of this document from 11 April 2008 and includes any amendments published up to 12 April 2024.]
1. Definitions
For the purposes of these By-laws, unless the context otherwise indicates-"account holder" means any person who is due to receive a municipal account, which includes a user of pre-paid electricity or water;"Act" means the Local Government: Municipal Systems Act, 2000 (Act 32 of 2000);"annual budget" means the budget approved by the Municipality for any particular financial year, and includes any adjustments to such budget;"community services" means services that the Municipality has classified as such, in respect of which the tariffs have been calculated with the intention that the costs of the services cannot be recovered from public service charges and are of a regulatory nature;"consumer" means the occupier of any premises to which the Municipality has agreed to supply or is supplying municipal services, or if there is no occupier, then any person who has entered into a service agreement with the Municipality for the supply of municipal services to such premises, or, if there be no such person, then the owner of the premises;"cost related two to four parts tariff" means a tariff that consists of two to four parts, namely management, capital, maintenance and operating costs that are recovered by grouping certain components together (e.g. management, capital and maintenance costs may be grouped together and be recovered by a fixed charge) independent of consumption for all classes of consumers, while the variable costs may be recovered by a unit charge per unit consumed;"council" means the Council of Knysna Municipality;"economic services" means services that the Municipality has classified as such, in respect of which the tariffs have been calculated with the intention that the total costs of the services are recovered from users;"declining block tariff" means the opposite of the inclining block tariff and the tariff decreases as consumption increases;"fixed costs" means costs that does not vary with increased or decreased consumption or volume produced;"flat rate" meant the unit tariffs that do not relate to individual consumers, but are calculated by dividing the total costs by volume used by all the users together, subject to the flat rate;"inclining block tariff" means a tariff based on consumption levels that are categorised into blocks, the tariff level being increased as consumption levels increase;"interest" means an amount calculated at a rate determined by the Municipality on a municipal account in arrears;"local community" or "community" in relation to the Municipality, means that body of persons comprising the residents of the Municipality, the ratepayers of the Municipality, any civic, non-governmental, private sector or labour organisations or bodies involved in local affairs within the Municipality, and visitors and other people residing outside the Municipality who, because of their presence in the Municipality, make use of services or facilities provided by the Municipality;"major services" means those services contemplated in section 9;"minor tariffs" means all tariffs, charges, fees, rentals or fines levied or imposed by the Municipality in respect of services, other than major services, supplied, and includes services incidental to the provision of the major services, but does not include tariffs for major services;"month" means one of 12 months of a calendar year;"Municipality" means the Municipality of Knysna established in terms of Section 12 of the Municipal Structures Act, 117 of 1998, Provincial Notice 409 dated 28 August 2000 and includes any political structure, political office bearer, duly authorised agent thereof or any employee thereof acting in connection with this By-law by virtue of a power vested in the Municipality and delegated or sub-delegated to such political structure, political office bearer, agent or employee;"municipal manager" means the person appointed in terms of Section 82 of the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998);"municipal services" means all municipal services and charges for which payment is required by the Municipality;"municipal tariff" means a tariff for services which the Municipality sets for the provision of a service to the local community, such as a tariff set for major services or a minor tariff, and includes a surcharge on such service;"occupier" means any person who occupies any premises or part thereof without regard to the title under which the person occupies, and includes-(a)any person in actual occupation of those premises;(b)any person legally entitled to occupy those premises;(c)in the case of those premises being subdivided and let to lodgers or various tenants, the person receiving the rent payable by such lodgers or tenants whether on the person’s own account or as agent for any person entitled thereto or interested therein;(d)any person having the charge or management of those premises, and includes the agent of any such person when the person is absent from the Republic of South Africa or his or her whereabouts are unknown; and(e)the owner of those premises;"officer" means an employee of the Municipality or any other person who is specifically authorised thereto by the Municipality to perform any act, function or duty in terms of, or exercise any power under these By-laws;"organ of state" means an organ of state as defined in Section 239 of the Constitution;"outside municipal area" means tariffs that apply to consumers who are not residing within the municipal boundaries, but who are making use, on application, of certain services;"person" includes a legal person and an organ of state;"premises" means any erf, immovable property or property which is capable of receiving municipal services whether it is receiving such services or not and whether occupied or not;"recoverable work" means tariffs that apply to consumers who, on application, make use of recoverable services and which are calculated at actual cost plus a surcharge as determined with the actual tariffs;"single tariff" means a tariff consisting of a fixed cost per unit consumed resulting in the recovery of all costs through unit charges at the level of breakeven consumption and on which profits on trading services may be allowed subject to Council approval;"stepped tariff" means a tariff based on consumption levels being categorised in blocks with subsequent steps calculated to yield profits and to discourage excessive use of the commodity;"target" means realistic targets which may be set by the Municipality from time to time;"tariffs for major services" means tariffs set for the supply and consumption or usage of major services;"total cost" means the sum-total of all fixed and variable costs related to a service;"units consumed" means the number of units of a particular service consumed and are measured in terms of the units of measurement contemplated in section 9 of this By-law; and"variable costs" means costs that vary with increased or decreased consumption or volume produced.2. Purpose of these By-laws
The purpose of these By-laws is-3. Tariff principles
4. Differentiation between customers and granting of exemption
5. Categories of consumers
6. Cost centres and cost elements
7. Deposits
8. Tariff types
9. Unit of measurement
The following unit of measurement must, where possible, be used to determine tariffs-10. Calculation of tariffs for major services
In order to calculate the tariffs that must be charged for the supply of the services contemplated in section 3(6), the Municipality may identify all the costs of operation of the undertakings concerned, including specifically the following:11. Structure of tariffs
The Municipality may provide free electricity and water as set out in its annual tariff schedule.12. Electricity
13. Water
14. Refuse removal
15. Sewerage and Sanitation
16. Minor tariffs
All minor tariffs are standardised within the municipal region and charged as set out in the annual tariff schedule.17. Determination of tariffs, fees and levies
The Council may by resolution supported by a majority of the members of the council, determine and recover levies, fees, taxes and tariffs, in respect of any function or service of the municipality as part of its municipal budget.18. Phasing in of tariffs, fees and levies
19. Repeal of By-laws
The provisions of any By-laws adopted by the Knysna Municipality or its legal predecessors disestablished in terms of Section 3(1) of Provincial Notice 409 of 2000 dated 28 August 2000, and in force immediately before the commencement of these By-laws are hereby repealed a far as they relate to matters provided for in these By-laws, including By-laws promulgated by any of the administrative units of the former Local Authorities now incorporated in the Knysna Municipality.20. Short title and commencement
These By-laws may be cited as the Knysna Municipality Tariff By-laws and come into operation upon publication in the Provincial Gazette.History of this document
11 April 2008 this version
Cited documents 3
Legislation 3
1. | Constitution of the Republic of South Africa, 1996 | 4487 citations |
2. | Local Government: Municipal Systems Act, 2000 | 4375 citations |
3. | Local Government: Municipal Structures Act, 1998 | 4121 citations |