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Utilisation of Commonage Land by Emerging Farmers By-law, 2019
- Published in Government Gazette no. 8177 on 15 November 2019
- Commenced on 15 November 2019
- [Up to date as at 9 April 2021]
1. Introduction / purposeThis by-law is applicable to the proclaimed jurisdiction of the Matzikama Municipality and provides for the utilisation and management of commonage land made available to emerging farmers by the Municipality, as well as the control of animals on such commonage land.
2. Definitions"Act" means the Animal Identification Act, 2002 (Act 6 of 2002);"agriculture" means the cultivation of land for the purpose of growing crops for own use and/or for financial gain;"commonage land" means the portion of the municipal property earmarked by the Municipality for animal grazing, stock-farming, agriculture and any other approved agricultural activities by emerging farmers;"emerging farmer" means previously disadvantaged black (Brown, African and Indian) residents of the Matzikama municipal area of jurisdiction who either have no land or insufficient land for the grazing of their animals or the cultivation of agricultural products;"emerging farmers’ association" means a legal entity with its own constitution and whose members consist of emerging farmers and is recognised as such by the Municipality;"grazing area" means the portion of commonage land that is earmarked for the purpose of grazing by large and small stock;"grazing camp" means the portion of a grazing area that is demarcated and fenced off for grazing by large and small stock;"land user" means any small farmers’ association or emerging farmers’ association with whom the Municipality has agreed in writing to be engaged in the control or management of commonage land and includes an authorised person from such association;"large stock" means cattle, horses, mules and donkeys and includes any other species which the Minister by notice in the Provincial Gazette declares as large stock for the purposes of the Act;"mark" means any mark registered in terms of section 5(2) of the Act and placed on any animal for any purpose, including any representation of a mark intended to be placed on animals, as the circumstances may require, but excludes the following:(1)a mark made or placed on the horn or hoof of an animal;(2)a mark made with paint on any animal;(3)a clasp, rivet or tag attached to the ear, or any mark made on such clasp, rivet or tag; or(4)a notch or hole on the ear of an animal;"municipality" means the Matzikama Municipality, established in terms of Section 12 of the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998) and includes any political structures, political office-bearers, duly authorised agent or any employee acting in terms of this by-law by virtue of a power vested in the Municipality and delegated or subdelegated to such political structure, office-bearer, agent or employee;"person" means a natural or legal person;"prescribed" means prescribed by the Municipality;"resident" means a person who is a registered voter on the Matzikama municipal voters’ roll or who has a Matzikama municipal service account in his or her name;"small farmers’ association" means a legal entity with its own constitution and which consists of emerging farmers and is recognised as such by the Municipality;"small stock" means sheep, pigs and goats and includes any other species which the Minister by notice in the Provincial Gazette declares as small stock for the purposes of the Act.
3. The leasing of commonage land
5. Establishment of grazing camps for animalsThe Municipality may reserve and fence off a portion of commonage land as a grazing area and establish grazing camps in the area or allow that fenced-off grazing camps for the stock of emerging farmers be established.
6. Closure of camps
7. Approval process to allow animals to graze
8. Restriction of animals to grazing camps / commonage land
9. Number and condition of animals
10. Marking of animals
11. Infected animals
12. Carcasses of animals
13. Prohibited behaviour
14. Lease agreementsAny land user who lets stock graze on commonage land or in grazing camps, or who undertakes any other agricultural project on commonage land, shall conclude a lease agreement with the Municipality prior to the commencement of the project, as prescribed in the Management and Administration of Municipal Immovable Property By-law (excluding land utilised for the provision of social care).
16. Certification and serving of notices and other documents
17. AppealAny person or legal person whose rights are affected by a decision of the Municipality, may in terms of Section 62 of the Local Government: Municipal Systems Act (Act 32 of 2000) appeal against the decision, with reasons for the appeal, and must be directed to the Municipal Manager within 21 (twenty-one) days from the date of notification of the decision.
18. FinesA person who commits an offense in terms of the provisions of this by-law shall, on conviction and subject to fines prescribed in other legislation, subject him-/herself to a fine or, if he/she fails to pay, to imprisonment, or to imprisonment without the option of a fine, or to both such fine and imprisonment, and in the event of successive or continued offenses, to a fine for each day that such contravention continues, or if the person fails to pay, to imprisonment.
19. Repeal of by-lawsThe provisions of any by-laws previously promulgated by the Municipality or by any of the municipalities now incorporated into the Municipality, are hereby repealed insofar as they relate to matters provided for in this by-law, and insofar as they are applicable to the Municipality through the mandate for the execution of powers and duties in terms of Section 84(3) of the Local Government: Municipal Structures Act (Act 117 of 1998).
20. Short title and commencementThis by-law is known as the Utilisation of Commonage Land by Emerging Farmers By-law and shall come into effect on the date it is published in the Provincial Gazette.
- Entire By-law
- 1. Introduction / purpose
- 2. Definitions
- 3. The leasing of commonage land
- 4. Rent
- 5. Establishment of grazing camps for animals
- 6. Closure of camps
- 7. Approval process to allow animals to graze
- 8. Restriction of animals to grazing camps / commonage land
- 9. Number and condition of animals
- 10. Marking of animals
- 11. Infected animals
- 12. Carcasses of animals
- 13. Prohibited behaviour
- 14. Lease agreements
- 15. Exemptions
- 16. Certification and serving of notices and other documents
- 17. Appeal
- 18. Fines
- 19. Repeal of by-laws
- 20. Short title and commencement
History of this By-law
15 November 2019 this versionPublished in Government Gazette no. 8177By-law commences.
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