Knysna
South Africa
South Africa
Special Rating Areas By-law, 2021
- Published in Western Cape Provincial Gazette 8514 on 3 November 2021
- Commenced on 3 November 2021
- [This is the version of this document from 3 November 2021 and includes any amendments published up to 12 April 2024.]
Chapter 1
Establishment of special rating areas
1. Definitions
In this by-law words or expressions shall bear the meaning assigned to them and words used in the masculine gender include the feminine, the singular includes the plural and vice versa. The English text prevails in the event of an inconsistency between the different texts and unless the context otherwise indicates:"additional rate" means an additional rate contemplated in sections 19(1)(d) and 22 (1)(b) of the Municipal Property Rates Act, 2004 (Act No. 6 of 2004) in section 11(2) of this by-law;"applicant" means any owner who makes an application for the determination of a special rating area in accordance with provisions of Chapter 1, or if a management body is established in terms of section 10 any reference to "the Applicant" means the management body;"CFO" means the Chief Financial Officer of Knysna Municipality, or his or her nominee."Council" means Council of Knysna Municipality;"implementation plan" means an Implementation Plan as contemplated in section 6;"limited special rating area" means a limited special rating area approved by the Council in terms of section 8;"majority" means the majority of property owners as contemplated in section 22 of the Municipal Property Rates Act, 2004 (Act No. 6 of 2004);"management body" means the management body of a special rating area to be establishment in accordance with the provision of section 10;"motivation report" means a motivation report as contemplated in section 5;"owner" has the meaning assigned to it in section 1 of the Municipal Property Rates Act, 2004 (Act No. 6 of 2004);"Policy" means the Policy for the determination of special rating areas, or any other policy adopted by the Council in relation to special rating areas, as in force from time to time;"Municipal Property Rates Act" means the Local Government: Municipal Property Rates Act, 2004 (Act No. 6 of 2004);"rateable property" has the meaning assigned to it in section 1 of the Municipal Property Rates Act, 2004 (Act No. 6 of 2004);"special rating area" means a special rating area approved by the Council in accordance with the provisions of section 22 of the Municipal Property Rates Act, 2004 (Act No. 6 of 2004) and section 7 of this by-law.2. Determination of special rating areas
Knysna Municipality may by resolution of the Council determine special rating areas.3. Application
4. Public meetings
5. Motivation report and implementation plan
6. Advertising of application and objections
7. Decision
8. Determination of a limited special rating area
If an application in terms of section 3 is not accompanied by a majority of at least 51 percent of the members of the local community in the proposed special rating area required by section 4(3)(c), but the applicant can demonstrate to the satisfaction of the Council, that:Chapter 2
Special rating areas – Structures and finances
9. Commencement of the implementation plan
Once the Council has approved the establishment of the special rating area, the implementation plan may only be implemented after the management body has been established in accordance with section 10.10. Establishment, composition, powers and duties of management body
11. Finances
12. The role of the CFO
In addition to the other responsibilities and obligations of the CFO as set out elsewhere in this by-law, the CFO must:Chapter 3
Amendment and extention of implementation plans
13. Amendment to implementation plans
14. Extention of implementation plans
A management body must, if it elects to extend the term of the implementation plan for a further period, on or before January in the year in which the implementation plan is due to terminate, submit an application to Knysna Municipality for approval of extension of the term of the implementation plan, provided that:Chapter 4
Dissolution of a special rating area
15. Dissolution
Chapter 5
Miscellaneous provisions
16. Title and commencement
History of this document
03 November 2021 this version
Cited documents 1
Legislation 1
1. | Local Government: Municipal Finance Management Act, 2003 | 1662 citations |