By-laws are considered to be one of the primary tools of local
government to enable them to manage and regulate the affairs of their
constituent jurisdictions. It is therefore of critical importance that bylaws
are current, not in conflict with provincial and national legislation,
efficient and in line with practical requirements, and empowers the
local authority sufficiently to manage its own affairs.
There are three major causes that require local authorities to change
and update by-laws. The first major cause is the reorganisation of the
pre-1994 municipal boundaries. The second is the change to a
constitutional dispensation that created three distinct spheres of
government with their defined areas of legislative and executive
powers. The third is the new order environmental legislation and
philosophy that is in line with internationally accepted principles of
sustainable development and human rights, and differs from the pre-
1994 legislation.
The principle of cooperative governance requires local authorities not
to be in conflict with other organs of state or national and provincial
legislation.
The result is that many local authorities require new by-laws, including
waste management by-laws.
Many such projects were undertaken by local authorities, one by the
City of Johannesburg as part of the iGoli 2000 project.
The by-laws also have to adequately capacitate the local authority to
regulate all aspects of waste management in a practical and functional
manner. These practical and functional requirements must be
considered and included in the waste management by-laws where
relevant.
A guideline should as a minimum cover the following elements:
-ensuring cooperative governance,
-ensuring compliance with specific requirements set by the
Constitution and other legislation such as the Municipal Systems
Act,
-alignment of by-laws with the legal mechanisms available for
service delivery, and
-ensuring it provides guidance on what elements should be
considered to meet the practical and functional requirements of
local authorities.
This dissertation provides a guideline that meets criteria set out in
legislation, policies and strategies. The discussion encompasses a vast
field of the law and waste management practice, and attempts to
provide local authorities with an introduction and references to the
most salient aspects that has to be considered when drafting and
implementing waste management by-laws. / Thesis (M. Environmental Management)--North-West University, Potchefstroom Campus, 2006.
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:nwu/oai:dspace.nwu.ac.za:10394/950 |
| Date | January 2005 |
| Creators | Massyn, Nicolai Spies |
| Publisher | North-West University |
| Source Sets | South African National ETD Portal |
| Detected Language | English |
| Type | Thesis |
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