Zambia Statutory instrument

Zambia legislation

Chipata Municipal Council (Earth Levy) By-laws, 2004

This section defines key terms used in the By-laws. People who extract or mine sand or stones for construction in the area must pay the Council an earth levy of two thousand kwacba per tonne. A pe…

by-law compliancecourt-ordered expensesdefinitionsextractive activitieslevylocal governmentlocal levypaymentpenaltiesreceiptsrecord examinationresource exportrevenue collectionvehicle transport

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01

Purpose and legislative effect

“This section defines key terms used in the By-laws.”

This section defines key terms used in the By-laws. People who extract or mine sand or stones for construction in the area must pay the Council an earth levy of two thousand kwacba per tonne. A person must not export sand or stones from the area unless the earth levy has been paid to the Council, and vehicles carrying sand, stones, or bricks may not leave the area without that payment. Earth levy must be paid to the Council when sand, stone, or bricks are loaded. A person who breaches these by-laws commits an offence and can be fined, imprisoned, or both; repeat breaches can attract a daily fine, and the court may also order the company to pay the Council’s expenses.

02

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(I) Any person who contravenes these by-laws commits an

A person who breaches these by-laws commits an offence and can be fined, imprisoned, or both; repeat breaches can attract a daily fine, and the court may also order the company to pay the Council’s expenses.

Section 6

04

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Source record from zambialii.org · As at 19 Mar 2004

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Provision 3InterpretationOffence
§ 2In these By-laws, unless the context otherwise requires-­Interpretation

This section defines key terms used in the By-laws.

2. In these By-laws, unless the context otherwise requires-­ Interpretation "area "means the area under the jurisdiction of the Council; "collector "means any officer of the council authorised to collect revenue for the Council and includes any person or agent authorised by the Council to collect revenue for the Council; "council " means the Chipata Municipal Council; and " earth" means crushed stones, building sand and river sand.
§ 3Any person who extracts or mines sand or stones for construction,Provision

People who extract or mine sand or stones for construction in the area must pay the Council an earth levy of two thousand kwacba per tonne.

3. Any person who extracts or mines sand or stones for construction, within the area, shall pay to the Council an earth levy of two thousand kwacba per tonne on loading or leaving the place ofextraction or mining of the sand or stone or of moulding the bricks.
§ 4(I) A person shall not export from the area any sand, stones inProvision

A person must not export sand or stones from the area unless the earth levy has been paid to the Council, and vehicles carrying sand, stones, or bricks may not leave the area without that payment.

4. (I) A person shall not export from the area any sand, stones in respect of which earth levy has not been paid to the Council. (2) No truck, lorry or other vehicle used to ferry, from the area, sand, stones or bricks shall be allowed to leave the area, without payment of earth levy to the Council.
§ 5(I) Earth levy shall become payable to the Council at the timeProvision

Earth levy must be paid to the Council when sand, stone, or bricks are loaded.

5. (I) Earth levy shall become payable to the Council at the time ofloading the sand, stone or bricks. (2) The collector may examine the books of the company or agent for the purposes of calculating the earth levy. Imposition of earth levy No sale of earth without paymentof earth levy Place and time for payment of earth levy Copies of this Statutory Instrument can be obtained from the Government Printer, P. O.Box30/36, 10101 Lusaka.PriceK500each 66 Statutory Instruments 19th March, 20Q4 (3) The collector shall, immediately after receiving the levy frol1!, the company issue an official receipt for each such payment.
§ 6(I) Any person who contravenes these by-laws commits anOffence

A person who breaches these by-laws commits an offence and can be fined, imprisoned, or both; repeat breaches can attract a daily fine, and the court may also order the company to pay the Council’s expenses.

6. (I) Any person who contravenes these by-laws commits an offence and shall be liable, upon conviction- Offences and penalties (a) in the case of the first offence, to a fine not exceeding eigbty penalty units or to imprisonment for a period of not exceeding six months, or to both; and (b) in the case of the second or subsequent offence, to a fine not exceeding sixteen penalty units for every day during which the contravention continues. (2) In addition to any penalty prescribed by sub by-law (I) the court may order that any expenses incurred by the Council in consequence of such contravention shall be paid by the company committing the contravention. Made by the Chipata Municipal Council this 27th day ofFebruary, 2004. P. T. CHIRWA, Mayor, Chipata Municipal Council B. SIWAKWI, Town Clerk, ChipataMunicipal Council Confirmed by me this !st day of March, 2004. S. T. MASEBO, Minister of Local Government and Housing LUSAKA !st March, 2004 [MLGH.102/51/8]

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  • 19 Mar 2004 · currentEnglish

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