Chapter 29:15
URBAN COUNCILS ACT
mining lease, whether in whole or in part, and subject to such modifications as may be specified
therein.
(2) In relation to a local government area administered by the council or any other area that
is prescribed or in respect of which the Minister has, by written notice to the council, directed
that this subsection should apply, a council may, in addition, make by-laws in terms of this Part
in respect of any matter which it considers to be necessary or desirable for the control,
management and good government of that area, including, without derogation from the
generality of the foregoing, the matters specified in subsection (2) of section two hundred and
thirty-five as though any reference therein to the State were a reference to the council, and in
that case subsections (3), (6) and (7) of that section shall apply, mutatis mutandis.
(3) The power to make by-laws for matters referred to in this section may be exercised—
(a) in relation to all cases to which the power extends or in relation to all those cases subject
to specified exceptions or in relation to any specified cases or classes or cases;
(b) so as to make, as respects the cases in relation to which it is exercised—
(i) the full provision to which the power extends or any less provision, whether by way
of exception or otherwise; and
(ii) the same provision for all cases in relation to which the power is exercised or a
different provision for different cases or classes of cases or a different provision as
respects the same case or class of cases for different purposes; and
(iii) any such provision, either unconditionally or subject to any specified conditions;
(c) in so far as it provides for the licensing of any person, establishment, premises or thing,
for the circumstances in which a licence may be refused or cancelled.
228 Making of by-laws
(1) Subject to this section and section two hundred and twenty-nine and of any other law, a
council may make by-laws for all or any of the matters referred to in section two hundred and
twenty-seven and may at any time thereafter amend or repeal any by-laws so made.
(2) By-laws may be made in terms of subsection (1) for—
(a) the council area; or
(b) any property or area outside the council area which is administered and controlled by the
council, including a local government area; or
(c) any area outside the council area in so far as the by-laws relate to the control of a service
provided in that area by the council; or
(d) the area of any omnibus service operated in agreement with the council in terms of section
one hundred and ninety-two:
Provided that subject to this section, by-laws made for the council area may be applied by
reference to any area referred to in paragraph (b) and unless so applied no such by-laws shall
apply to such area.
(3) A by-law applied by reference in terms of the proviso to subsection (2) shall not be of
any force until such application has been approved by the Minister and published in the
Gazette.
(4) Where a local board has been appointed for a local government area which is
administered and controlled by a council, the council may not make by-laws in terms of this
section in relation to any matter for which that local board in terms of its warrant issued under
section seven may make by-laws.
(5) Where a council has resolved to make any by-law it shall—
(a) ensure that a copy of the proposed by-laws is open to inspection at the office of the
council during office hours for a period of thirty days from the date of the last publication
of the notice in terms of paragraph (b); and
(b) cause a notice in terms of subsection (6) to be published in two issues of a newspaper.
(6) A notice in terms of subsection (5) shall—
(a) describe the general purport of the proposed by-law and the area to which it is to be
applied or extended, as the case may be; and
(b) state that—
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