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South Africa
NATIONAL LEGISLATION OVERVIEWS
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Water Services Act, No. 108 of 1997

Long title


To provide for the rights of access to basic water supply and basic sanitation; to provide for the setting of national standards and of norms and standards for tariffs; to provide for water services development plans; to provide a regulatory framework for water services institutions and water services intermediaries; to provide for the establishment and disestablishment of water boards and water services committees and their powers and duties; to provide for the monitoring of water services and intervention by the Minister or by the relevant Province; to provide for financial assistance to water services institutions; to provide for certain general powers of the Minister; to provide for the gathering of information in a national information system and the distribution of that information; to repeal certain laws; and to provide for matters connected therewith.

Table of contents

SECTION TITLE

PREAMBLE

ARRANGEMENT OF SECTIONS

CHAPTER I. INTRODUCTORY PROVISIONS
1. Definitions
2. Main objects of Act
3. Right of access to basic water supply and basic sanitation
4. Conditions for provision of water services
5. Provision of basic water supply and basic sanitation to have preference
6. Access to water services through nominated water services provider
7. Industrial use of water
8. Approvals and appeal

CHAPTER II. STANDARDS AND TARIFFS
9. Standards
10. Norms and standards for tariffs

CHAPTER III. WATER SERVICES AUTHORITIES
11. Duty to provide access to water services
12. Duty to prepare draft water services development plan
13. Contents of draft water services development plan
14. Draft water services development plan
15. Adoption of development plan
16. New development plan
17. Deviation from development plan
18. Reporting on implementation of development plan
19. Contracts and joint ventures with water services providers
20. Water services authority acting as water services provider
21. Bylaws

CHAPTER IV. WATER SERVICES PROVIDERS
22. Approval to operate as water services provider
23. Water services provider must give information

CHAPTER V. WATER SERVICES INTERMEDIARIES
24. Registration of water services intermediaries
25. Duties of water services intermediaries
26. Default by water services intermediaries
27. Monitoring performance of water services providers and water services intermediaries

CHAPTER VI. WATER BOARDS
28. Establishment and disestablishment of water boards
29. Primary activity of water boards
30. Other activities of water boards
31. Powers of water boards
32. Duties of water boards
33. Conditions for provision of services
34. Parameters for functions of water board
35. Governance of water boards
36. Chief executive of water boards
37. Delegation of powers
38. Duties of water board and members
39.. Policy statement
40. Business plan
41. Directives to water boards
42. Different activities to be managed as separate units
43. Financial matters and accounts
44. Reporting
45. Investigation of affairs and financial position
46. Assets and liabilities upon disestablishment
47. Litigation against water board
48. Formal irregularities
49. Regulations
50. Effect of inclusion of Chapter in Act

CHAPTER VII. WATER SERVICES COMMITTEES
51. Establishment and disestablishment of water services committees
52 Function of water services committees
53. Powers of water services committees
54. Conditions for provision of services
55. Governance of water services committees
56. Duties of committee members
57. Financial matters and accounts
58. Formal irregularities
59. Provision of information
60. Assets and liabilities upon disestablishment
61. Regulations

CHAPTER VIII. MONITORING AND INTERVENTION
62. Monitoring of water services institutions
63. Intervention

CHAPTER IX. FINANCIAL ASSISTANCE TO WATER SERVICES INSTITUTIONS
64. Powers of Minister
65. Applications for financial assistance
66. Regulations on financial assistance

CHAPTER X. NATIONAL INFORMATION SYSTEM
67. Establishment of national information system
68. Purpose of national information system
69. Provision of information
70. Funding of national information system

CHAPTER XI. GENERAL POWERS AND DUTIES OF MINISTER
71. Procedure for making regulations
72. Consultation by Minister
73. General powers of Minister
74. Delegation of powers
75. Scrutinising of draft regulations
76. Advisory committees

CHAPTER XII. GENERAL PROVISIONS
77. Transferability of servitudes
78. Compliance with other laws
79. Ownership of water services works
80. Entry and inspection of property
81. Expropriation
82. Offences
83. State bound by Act
84. Repeal of laws, and savings
85. Short title
Sch. 1. SCHEDULE 1. WATER BOARDS [s35]*
Sch. 2. SCHEDULE 2. \[s84]
 
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