KASANE TOWNSHIP (TEMPORARY STRUCTURES) BYE-LAWS
(under regulations 34 and 35)
(21st August, 1998)
ARRANGEMENT OF BYE-LAWS
BYE LAW
1. Citation and application
2. Interpretation
3. Restriction on erection of temporary structure
4. Duty to demolish structure
5. Notice to demolish
6. Power to demolish unauthorised structure
7. Offences and penalties
S.I. 63, 1998.
(1) These Bye-laws may be cited as the Kasane Township (Temporary Structures) Bye-laws*.
(2) These Bye-laws shall apply to all plots in the Kasane Township.
*Originally made under the Township Act now repealed, these regulations have been continued under s 94(2) of the Local Government Act, 2013.
In these Bye-laws, unless the context otherwise requires
“Authority” means the Township Authority for Kasane Township;
“Plot” means a piece of immovable property in a residential area;
“plot holder” means the registered owner, lease holder or occupant of a plot,
“Assistant Council Secretary” means the Assistant Council Secretary for Kasane Township.
3. Restriction on erection of temporary structure
(1) A plot holder shall not erect a temporary structure on the plot he occupies except in accordance with these Bye-laws.
(2) A plot holder may, before building a permanent dwelling house, or while the building is still in progress, erect a temporary structure for use as a dwelling house and or as a store for building material.
(3) The Authority may, upon application permit or require a plot holder to build a temporary structure for such purpose as the Authority may determine.
(1) Subject to sub-bye-law (2) a plot holder shall demolish a structure erected in accordance with bye-law 3 at or before the expiry of a period of six months immediately following the erection thereof.
(2) The Authority may grant authorisation for the continued maintenance of the temporary structure for a further period of six months to a plot holder who gives sufficient grounds in an application made at least 30 days before the temporary structure is required to be demolished under sub-bye-law (1).
(3) The duty to demolish a structure in accordance with sub-bye-law (1) includes the removal of all debris resulting from the demolition of the structure.
(1) A plot holder shall not demolish a temporary structure in accordance with bye-law 4 unless notice of intention to demolish has been given to the Assistant Council Secretary at least twenty four hours before the structure is demolished.
(2) The Assistant Council Secretary shall take all reasonable steps to ensure that every demolition of a temporary structure is carried out under the immediate supervision of an employee of the Township Authority.
6. Power to demolish unauthorised structure
(1) The Authority may serve a notice in writing to a plot holder who has erected a temporary structure in contravention of these Bye-laws or where the six months period for the erection of the temporary structure has elapsed, requiring the plot-holder to demolish the structure within seven days immediately after service of the notice.
(2) Where a plot holder fails to comply with the notice issued under sub-bye-law (1), the Authority may enter the plot and demolish the structure and take such other steps as appear to the authority to be necessary to safeguard the health and safety of the plot holder, other occupants of the plot or members of the public within the township.
(3) Expenses incurred by the authority in demolishing a structure under sub-bye-law (2) shall be deemed to be a civil debt, due and payable to the Township Authority by the plot holder and may be recovered in a Court of law.
A plot holder who contravenes a provision of these Bye-laws commits an offence and is liable on conviction to a fine not exceeding P100, or in default of payment to imprisonment for a term not exceeding three months.