Water Services By-law, 2014
- Published in Western Cape Provincial Gazette 7285 on 11 July 2014
- Commenced on 11 July 2014
- [This is the version of this document from 1 October 2019 and includes any amendments published up to 11 August 2023.]
- [Amended by Water Services: Amendment on 1 October 2019]
Part 1 – Definitions
Part 2 – Application For Water Services
2. Application for water servicesNo person may gain access to water services from the water supply system, sewage disposal system or through any other sanitation services without approval in terms of the municipality’s Credit Control and Debt Collection Policy.
3. Special agreements for water servicesThe municipality may enter into a special agreement with a consumer for the provision of water services in terms of its Credit Control and Debt Collection Policy including the installation of water demand management systems
4. Change in purpose for which water services are usedWhere the purpose for, or extent to which, any municipal service is changed, the consumer must promptly advise the municipality of the change.
Part 3 – Tariffs And Charges
5. Prescribed charges for water servicesAll tariffs and or charges payable in respect of water services rendered by the municipality in terms of this by-law shall be determined in terms of its Tariff Policy as well as any regulations in terms of national or provincial legislation.
6. Availability charges for water servicesThe municipality may levy availability charges in terms of its Tariff Policy.
Part 4 – Payment
7. Payment of depositEvery consumer must on application for the provision of water services and before such water services will be provided by the municipality, pay a deposit in terms of the municipality’s Tariff Policy.
8. Payment for water services providedWater services provided by the municipality to a consumer shall be paid for at the tariff determined in terms of the municipality’s Tariff Policy.
Part 5 – Accounts
Part 6 – Termination, Limitation And Discontinuation Of Water Services
10. Termination of agreement for the provision of water services
11. Limitation or discontinuation of water services providedThe municipality may restrict or discontinue water services provided in terms of this by-law—
Part 7 – General Provisions
12. Responsibility for compliance with this by-lawThe owner of premises is responsible for ensuring compliance with this by-law in respect of all or any matters relating to any installation.
14. Unauthorised use of water services
15. Interference with water supply system or any sanitation services
16. Interference with infrastructure
17. Obstruction of access to water supply system or any sanitation services
18. Signing of notices and documentsA notice or document issued by the municipality in terms of this by-law and signed by a staff member of the municipality is considered to have been duly issued and may on its mere production be accepted by a court as prima facie evidence of that fact.
19. Service of notices
20. Authentication of documentsEvery order, notice or other document requiring authentication by the municipality shall be sufficiently authenticated, if it is signed by the municipal manager or by a duly authorised person.
21. Prima facie evidenceIn legal proceedings by or on behalf of the municipality, a certificate reflecting an amount of money as being due and payable to the municipality, shall, if it is made under the hand of the municipal manager, or an authorised person, shall upon its mere production constitute prima facie evidence of the debt.
22. Power to serve and compliance with notices
23. Power of entry and inspection
24. Provision of informationAn owner, occupier, consumer or person within the area of supply of the municipality must provide the municipality with accurate information that is reasonably required by the municipality for the implementation or enforcement of this by-law.
25. False statements or informationNo person shall make a false statement or furnish false information to the municipality or falsify a document issued in terms of this by-law.
26. Indemnification from liabilityNeither employees of the municipality nor any person, body, organisation or corporation acting on behalf of the municipality is liable for any damage arising from any omission or act done in good faith in the course of his duties unless the damage is caused by a wrongful act or negligence.
27. Conflict of lawIf there is any conflict between this by-law and any other by-laws of the municipality, this by-law will prevail.
28. Transitional arrangements
29. Repeal of existing municipal water services by-lawsThe provisions of any by-laws previously promulgated by the municipality or by any of the disestablished municipalities now incorporated in the municipality, are hereby repealed as far as they relate to matters provided for in this by-law.
30. Short title and commencementThis by-law shall be known as the Water Services By-laws of the Swartland municipality.
31. Appeals against decisions of the municipalityA person whose rights are affected by a decision delegated by the municipality may appeal against that decision by giving written notice of the appeal and the reasons therefor in terms of section 62 of the Local Government: Municipal Systems Act (Act 32 of 2000) to the municipal manager within 21 days of the date of the notification of the decision.
32. Waste of water
33. Unauthorised and illegal discharges
34. Illegal re-connectionA consumer whose access to water supply services have been restricted or disconnected, who intentionally re-connects to services or who interferes with infrastructure through which water supply services are provided, shall be disconnected.
35. Pipes in streets or public places
36. Use of water from sources other than the water supply system
37. Service levels
Water Services Intermediaries
38. RegistrationThe municipality may by public notice require water services intermediaries or classes of water services intermediaries to register in a manner specified in the public notice.
39. Provision of water services
40. Charges for water services provided
41. Water services intermediaries and people living on farms
Water Supply Services
Part 8 – Connection To Water Supply System
42. Provision of connection pipe
43. Location of connection pipe
44. Provision of single water connection for supply to several consumers on the same premises
45. Interconnection between premises or water installationsAn owner of premises shall ensure that no interconnection exists between the water installation on his or her premises and the water installation on other premises; or where several accommodation units are situated on the same premises, between the water installations of the accommodation units unless he or she has obtained the written consent of the municipality.
46. Disconnection of water installation from the connection pipeThe municipality may disconnect a water installation from the connection pipe and remove the connection pipe if—
Part 9 – Communal Water Services Works
47. Provision of a water services work for water supply to several consumers
Part 10 – Temporary Water Supply Services
48. Water supplied from a hydrant
Part 11 – Standards And General Conditions Of Supply
49. Quantity, quality and pressure
50. Testing of pressure in water supply systemsThe municipality may, on application by a consumer and on payment of the determined charge, determine the available pressure in the water supply system relating to his premises over such period as the person may request.
51. Specific conditions of supply
Part 12 – Measurement Of Water Supply Services
52. Measuring of quantity of water supplied
53. Quantity of water supplied to consumer
54. Defective meters
55. Adjustment of quantity of water supplied through defective meter
56. Special meter reading at request of consumerThe municipality must, on receipt from a consumer of written notice of not less than five working days and subject to payment of the prescribed fee, read a meter at a time or on a day other than that upon which it would normally be read.
57. Special measurement
58. No reduction of amount payable for water wastedA consumer shall not be entitled to a reduction of the amount payable for water wasted or lost in a water installation if not agreed otherwise, unless it can be proved that the municipality was negligent.
Part 13 – Audit
59. Water audit
Part 14 – Installation Work
60. Approval of installation work
61. Provision and maintenance of water installations
62. Persons permitted to do installation and other work
63. Technical requirements for a water installationNotwithstanding the requirement that a certificate be issued in terms of section 60, all water installations shall comply with SANS 10252 Part 1 and all fixed electrical storage water heaters shall comply with SANS 10254.
64. Use of pipes and water fittings to be authorised
65. Labelling of terminal water fittings and appliancesAll terminal water fittings and appliances using or discharging water shall be marked, or have included within the packaging of the item, the following information—
66. Unlawful water installationWhere any installation work has been constructed in contravention of this by-law, the owner must on receiving a compliance notice by the municipality, carry out such alterations to the installation as prescribed in the notice.
67. Water demand management
Part 15 – Water Pollution, Restriction And Wasteful Use Of Water
68. Owner to prevent pollution of waterAn owner must provide and maintain approved measures to prevent the entry of a substance, which may be a danger to health or adversely affect the potability of water or affect its fitness for use, into—
69. Water restrictions
Part 16 – Fire Services Connections
70. Connection to be approved by the municipality
71. Special provisionsThe provisions of SANS 10252-1 shall apply to the supply of water for fire fighting purposes.
72. Dual and combined installationsAll new buildings erected after the commencement of this by-law, must comply with the following requirements in relation to the provision of fire extinguishing services—
73. Connection pipes for fire extinguishing services
74. Valves and meters in connection pipesEvery connection pipe to a fire extinguishing installation must be fitted with valves and a measuring device which shall be—
75. Meters in fire extinguishing connection pipesThe municipality shall be entitled to install a water meter in any connection pipe used solely for fire extinguishing purposes and the owner of the premises shall be liable for all costs in so doing if it appears that water has been drawn from the pipe for purposes other than for the purpose of extinguishing a fire.
76. Sprinkler extinguishing installationA sprinkler installation may be installed directly to the main, but the municipality will not guarantee any specified pressure at any time.
77. Header tank or double supply from main
78. Sealing of private fire hydrants
Part 17 – General Provisions
79. Notification of boreholes
80. Sampling of water
81. Supply of non-potable water by municipality
82. Testing of pressure in water supply systemsThe municipality may, on application by an owner and on payment of the prescribed charge, determine and furnish him or her with the value of the pressure in the water supply system relating to his or her premises over such period as he or she may request.
83. Use of grey waterNo person may use grey water or permit such water to be used, except with the written permission of the municipality.
84. Warning Notices
Part 18 – Standards And General Provisions
85. Standards for sanitation servicesSanitation services provided by the municipality must comply with the minimum standards set for the provision of sanitation services in terms of the section 9 of the Act.
86. Objectionable discharge to sewage disposal system
Part 19 – On-Site Sanitation Services And Associated Services
87. Use of on-site sanitation services not connected to the sanitation system
88. Application for infrastructureIf an agreement for on-site sanitation and associated services exists and no infrastructure in connection therewith exists on the premises, the owner must immediately apply on the approved form and—
89. Services associated with on-site sanitation services
90. Charges in respect of services associated with on-site sanitation servicesCharges in respect of the removal or collection of conservancy tank contents, night soil or the emptying of pits shall be determined in terms of the municipality’s Tariff Policy.
91. Installation of on-site sanitation services
92. Ventilated improved pit latrines
93. Septic tanks and treatment plants
94. French drains
95. Conservancy tanks
96. Operation and maintenance of on-site sanitation servicesThe operation and maintenance of on-site sanitation services and all costs pertaining to it remains the responsibility of the owner of the premises, unless the on-site sanitation services are subsidised services determined in accordance with the municipality’s Credit Control and Debt Collection Policy.
97. Disused conservancy and septic tanksIf a conservancy tank or septic tank is no longer required for the storage or treatment of sewage, or if permission for its use is withdrawn, the owner must either cause it to be completely removed or to be completely filled with earth or other suitable material, provided that the municipality may require a tank to be dealt with in another way, or approve its use for other purposes.
Part 20 – Sewage Disposal
98. Obligation to connect to sanitation system
99. Provision of connecting sewer
100. Location of connecting sewer
101. Provision of one connecting sewer for several consumers on same premises
102. Interconnection between premises
103. Disconnection of draining installation from connecting sewerThe municipality may disconnect a drainage installation from the connecting sewer and remove the connecting sewer if—
Part 21 – Sewage Delivered By Road Haulage
104. Acceptance of sewage delivered by road haulageThe municipality may accept sewage for disposal delivered to the municipality’s sewage treatment plants by road haulage.
105. Permission for delivery of sewage by road haulage
106. Conditions for delivery of sewage by road haulage
107. Withdrawal of permission for delivery of sewage by road haulage
Part 22 – Purified Sewage
108. Use of purified sewage
Part 23 – Disposal Of Industrial Effluent And Trade Premises
109. Application for disposal of industrial effluent
110. Unauthorised discharge of industrial effluent
111. Quality standards for disposal of industrial effluent
112. Conditions for disposal of industrial effluent
113. Withdrawal of written permission for disposal of industrial effluent
114. Sea outfalls
Part 24 – Measurement Of Quantity Of Effluent Discharged To Sewage Disposal System
115. Measurement of quantity of standard domestic effluent discharged
116. Measurement of quantity of industrial effluent discharged
118. Charges in respect of on-site sanitation servicesCharges in respect of the removal or collection of conservancy tank contents, night soil or the emptying of pits will cover all the operating and maintenance costs arising from the removal of the pit contents, its transportation to a disposal site, the treatment of the contents to achieve a sanitary condition and the final disposal of any solid residues.
Part 25 – Drainage Installations
119. Construction or installation of drainage installations
121. Drains in streets or public placesNo person may lay or construct a drain on, in or under a street, public place or other land owned by or under the control of the municipality, except with the written permission of the municipality.
122. Construction by municipalityThe municipality may agree with the owner of premises that drainage work which such owner desires, or is required to construct in terms of this by-law or the Building Regulations, may be constructed by the municipality against payment of all costs associated with such construction.
123. ServitudesA servitude shall be registered at the cost of the owner where a drain is installed across the property of another party.
124. Maintenance of drainage installation
125. Installation of pre-treatment facilityThe municipality may require that new premises must be provided with a minimum pre-treatment facility prior to it being connected to the sewage disposal system.
126. Protection from ingress of floodwatersWhere a premise is situated in the 1 in 50 year flood plain, the top level of service access holes, inspection chambers and gullies has to be above the 1 in 50 years flood level, except, in the case of service access holes and inspection chambers of which the cover is secured in place by approved means.
127. Disconnection of drainage installations
128. Technical requirements for drainage installationsAll drainage installations shall comply with SANS code 10252 and the Building Regulations.
129. Sewer blockages
130. Grease traps
131. Industrial grease traps
132. Mechanical appliances for lifting sewage
Part 26 – Other Sanitation Services
133. Stables and similar premisesThe municipality may approve the connection of a drainage installation to stables, cowsheds, dairies, kennels, other premises for the accommodation of animals, and tanneries, subject to the payment of all applicable charges and the fulfilment of any condition that the municipality may impose.
134. Mechanical food-waste or other disposal unitsThe municipality may approve the connection or incorporation of a mechanical food-waste disposal unit or other disposal unit or garbage grinder, into a drainage installation that has a capacity in excess of 500W, subject to the payment of all applicable charges and to any condition that the municipality may impose.
135. Building over sewerage system
Part 27 – Installation Work
136. Approval of installation work
137. Persons permitted to do installation and other work
138. Testing of drainage installations
139. Water demand management
Cited documents 9
- Constitution of the Republic of South Africa, 1996
- Deeds Registries Act, 1937
- Disaster Management Act, 2002
- Engineering Profession Act, 2000
- Local Government: Municipal Structures Act, 1998
- Local Government: Municipal Systems Act, 2000
- National Water Act, 1998
- Sectional Titles Act, 1986
- Water Services Act, 1997