P.N. 269/1947 SECTION E.2

BYLAWS FOR THE CONTROL OF SOIL EROSION

1. For the purposes of these Bylaws, "owner" in relation to any land means the person in whose name the land is registered and, if the owner is absent from the Republic or his whereabouts are unknown, the agent or legal representative of the owner in the Republic

P.N. 243/77

1A. Nondiscrimination

(1) Subject to the provision of subsection (2) hereof, no provision of these Bylaws shall be applied so as to discriminate between persons on the grounds of race, religion or gender nor shall it be so construed as to have the effect of authorising such discrimination.

(2) Notwithstanding the provisions of subsection (1) hereof, discrimination on the grounds of gender may expressly be authorised in terms of any provision of these Bylaws which prescribes the wearing of appropriate apparel in a public place or imposes a restriction upon the entry of persons into public ablution, toilet and changeroom facilities or prescribes different standards for such facilities.

(M.N. 43/92)

2. No owner of any land shall willfully cause or permit to occur thereon any soil erosion which causes or may reasonably be expected to cause damage to any other land.

3. Whenever soil erosion occurs upon any land which causes or, in the opinion of the City Engineer, may reasonably be expected to cause damage to any other land, the City Engineer may serve a notice upon the owner of the land first mentioned directing him to undertake and complete thereon such remedial measures as may be specified in such notice.

(P.N. 243/77)

4. Any person who contravenes Section 2 of these Bylaws or fails within a reasonable time to obey any notice served upon him pursuant to Section 3, shall be guilty of an offence and shall be liable, on conviction, to the penalties prescribed in Section 266(7) of Ordinance No.25 of 1974.

(PN. 243/77)

5. Notwithstanding any penalty imposed under Section 4 hereof, whenever any person has been found guilty of a failure to obey any notice served upon him pursuant to Section 3, the City Council, after delivery to such person of seven days' notice in writing of its intention to do so, may undertake and complete the remedial measures required, or any of them, and may recover the cost of so doing from the person so found guilty.

6. For the purposes of these Bylaws, the City Engineer or any officer of his department authorised by him may inspect any land and if necessary exercise the powers conferred by Section 192 of Ordinance No.25 of 1974.

(P.N. 243/77)