District Council of Savanne (Environmental Health) Regulations 2014 (G.N. No. 81 of 2014)

District Council of Savanne (Environmental Health) Regulations 2014 GN No. 81 of 2014 Government Gazette of Mauritius No. 42 of 10 May 2014 District Council of Savanne (Environmental Health) Regulations 2014 Regulations made by the District Council of Savanne under Sections 50, 60, 61, 158, 159 & 163 of the Local Government Act THE LOCAL GOVERNMENT ACT 2011 1. These regulations may be cited as the District Council of Savanne (Environmental Health) Regulations 2014. 2. In these regulations — “animal carcass” means the dead body of any animal, bird, or poultry; “building” includes any house, hut, shed or rooted enclosure, whether used for the purpose of human habitation otherwise; and any structure, support or foundation connected with the foregoing; “cleanse” in relation to public streets and public places means the weeding and the removal of any accumulation of earth or other matter; “commercial/trade refuse” means all waste resulting from operation of any business, manufacture, process, trade market or other similar undertaking; “Council” means The District Council of Savanne; “disposal facility” includes a unit or site specifically designed for the purpose of depositing refuse or waste; “fence” means any structure, approved by the Council that encloses the perimeter of any bareland and/or any premises so as to prevent unauthorized access and dumping on this land; “flat” means an apartment, a block of apartments or a block of flats; “footways” includes footways and verandah ways at the side of the streets; “garden refuse” means lawn, clipping, branches, weeds, plants, or other vegetable matter; “house” includes dwelling-house, warehouse, office, shop, school, and any other building in which persons are employed; “household refuse” means sweeping, dust, paper, bottles, wrapped glass, bones, waste food, cans, cartons or other refuse of domestic kind; “industrial waste” means any waste whether solid, liquid or gaseous produced in the course of or is the waste product of any trade, business, manufacture or building, construction and includes toxic industrial wastes; “occupier” means the person in occupation of any premises or having the charge, management, or control thereof either on his own account or as agent or any person, but does not include a lodger; and in relation to any part of premises, different parts of which are occupied by different persons, means the persons occupations or having the charge, means the persons having the charge, management or control of that part; “officer” means any officer appointed by the Council or an officer of the Sanitary Authority or a Police officer; “owner” means — (a) the person who receives or, where such property were to be let, would be entitled to received the rent, whether for his own benefit or that of any other persons or; (b) in relation to any premises where building works are carried out, includes the contractor; “premises” means any immovable property or building, whether vacant or constructed upon and whether used for residential, commercial, professional, trade and/or agricultural purposes and situated within the area of the District Council of Savanne; “private street” means any street, not being a public street, and includes any alley or foothpath; “property” means immovable property; “receptacle” means any container, bin or recipient, whether fixed or movable, intended to collect waste; “refuse” means waste of any kind whether renewable or recyclable or of monetary value; “refuse chamber” means any structure or container where dustbins and receptacles are placed; “trade premises” means premises in the area of the District Council of Savanne on which a trade, profession, manufacture or industry is carried out, even though part of the premises may be also used for residential purposes; “street” includes any road, fly-over, square, foot-way, back lane or passage, whether a through-fare or not, over which the public has a right of way, and also includes road, car park, field, grass verge, foot way or passage, open court or open alley used or intended to be used as a means of access to two or more buildings, whether the public has a right of way there over or not, and all channels, drains, ditches and reserves at the side of the street, shall be deemed to be part of the street; “waste” includes household waste as well as garden or yard waste, whether solid or otherwise, including hazardous waste, clinical waste and pharmaceutical waste, litter or anything which is being get rid of. 3. (1) Every occupier of premises shall deposit or cause to be deposited all household refuse and garden sweepings from such premises in receptacles which he shall provide for that purpose. (2) The Council may from time to time provide such receptacles to such premises and in such area or places as the Council may decide from time to time. (3) The Council may, however, alter, modify, and amend any decision as to the category of premises and or areas to be supplied with such receptacles and or also stop to supply such receptacles to any area. (4) The receptacles for the purpose of being emptied shall on such days and hours as may from time to time be fixed by the Council, be placed on the premises at a spot which shall be readily accessible to the refuse collection vehicles and which shall in no case be further than five metres from the edge of the streets or five metres within the boundary line of the premises. (5) (a) The owner of multistoreyed residential, commercial or commercial cum residential building shall provide at the ground floor a refuse chamber or an approved refuse shed in the yard where shall be deposited refuse receptacles from all the individual premises. (b) The refuse chamber or shed shall be readily accessible to the refuse collection vehicles. 4. Every occupier of premises shall cause all garden trimmings and loppings and garden refuse other than garden sweepings to be deposited on the premises at a spot which shall be readily accessible to the scavenging vehicles and which shall in no case be further than five metres from the edge of the street or five metres within the boundary line of the premises. 5. All refuse produced by the exercise on the premises of any trade or by any manufacture there carried on shall be removed by the party exercising that trade or carrying that manufacture at his own cost and under such arrangements as shall be approved by the Council. 6. The Council shall claim the fees as prescribed in the Schedule 1 for the removal of house waste, trade waste, vehicle wrecks, excavation or builder’s rubble, household furniture and bulky wastes — (a) The waste resulting from general cleaning of household premises may be removed by the Council upon request of the owner or occupier or any interested party from any premises against payment of a fee as prescribed in Schedule 1. (b) The occupier or owner of the premises where any of the above items are found may take proper steps of his own, for the removal of any of the items mentioned, in an appropriate carrier, and deposit same only at authorized sites. 7. (1) Every occupier of premises shall keep clean — (a) the space extending from the wall or other enclosure of the premises down to the gutter or ditch; (b) any courtyard or any premises and not allow same to be in a filthy or dirty state or be overgrown with rank and noisesome vegetation and not allow to be kept therein any basin, receptacle or used with foetid or filthy water. (2) Where any premises are — (a) partly or wholly covered with overgrown vegetation; (b) dumped with any waste, vehicle wreck or part thereof, excavation or builder’s rubble, animal carcasses or any other material and; (c) not properly fenced or enclosed; an officer shall be empowered to serve on the owner a notice requiring him/her, within two weeks of the service of the notice, to trim overgrown hedges at a height of not more than three metres, to lop trees and / or to clear land overgrown with vegetation and have the premises fenced or enclosed at a height of not less than two metres. (3) In case of non compliance to regulations 7(2), the Council shall be empowered to enter upon the said land/premises and cause all works necessary for the cleaning of the land, the removal and disposal of all noxious undergrowth, waste, rubble, furniture and other material thereupon to be done and recover all expenses incurred by it for that purpose as a civil debt from the owner or occupier. 8. No person shall deposit, or cause or allow to be deposited any dung, discarded eggs, human excretes, industrial waste, animal refuse or garden refuse in such receptacles. 9. The occupier of any premises shall be held responsible for the contravention of these regulations whenever any unburned matter of animal origin with fetid or filthy smell is detected to exist on such premises. 10. The owner or occupier of any premises shall not — (a) put in any receptacle any noxious refuse or refuse which is likely to be a health hazard or cause inconvenience to the neighbouring areas or neighbours; (b) allow such receptacle to be in a filthy or noxious state. 11. No person shall allow any field or filthy water to run or flow in any drain, gutter, canal or steam from his premises. 12. No person shall discharge or cause to be discharged waste water from his toilet, bathroom, wash hand basin, kitchen or wash basin in any drain, gutter, canal or stream. 13. No person shall deposit, drop, place or throw or cause, allow, permit to be deposited any package, wrapping, bottle, can, container, dust, dirt, paper, carcass refuse, box barrel or any part thereof, any of the contents of such container or any other part constituting litter on any road footpath, roadside, drain, cover, pavement, stream, river, rivulet or canal, wasteland, vacant premises or any other public place. 14. Any dealer in cakes, foodstuffs, fruits or other perishable foods shall secure such refuse in plastic bags before disposing of it in a receptacle. 15. Any person who contravenes or otherwise fails to comply with these regulations shall commit an offence and shall on conviction be liable to a fine not exceeding twenty five thousand rupees and in case of a continuing offence to an additional fine not exceeding one hundred rupees for each day during which the offence continues after conviction. 16. These regulations shall come into operation on 26 May 2014. Made by The District Council of Savanne on 9 January 2014. SCHEDULE 1 [Regulations 6] Particulars Description Fees (Rs) For the removal of refuse resulting from the general cleaning of household premises For every load or fraction thereof without labour 1,500 For removal of trade! commercial refuse For every load or fraction thereof without labour 2,000