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This Chapter gives the Minister the power to establish and operate government waterworks in the public interest out of funds allocated by Parliament or from other sources. Examples of such waterworks include water storage dams, water transfer schemes and flood attenuation works. The Minister must satisfy certain procedural requirements before constructing a government waterwork, including a duty to obtain an environmental impact assessment and invite public comment, except for emergency, temporary or insignificant waterworks. Water from a government waterwork may be made available for allocation to water users and charges fixed for this water. Water in a government waterwork may also be made available for recreational purposes, subject to controls determined by the Minister and regulations made by the Minister. Existing government waterworks are subject to this Chapter.
The Minister may acquire, construct, alter, repair, operate or control government waterworks in order to protect, use, develop, conserve, manage and control the nation's water resources in the public interest.
110.(1): Before constructing a waterwork, the Minister must -
110.(1)(a): prepare an environmental impact assessment relating to the proposed waterwork
which must, where the Minister considers it appropriate, comply with the requirements
contained in regulations made under section 26 of the Environment Conservation Act, 1989 (Act No.
73 of 1989);
110.(1)(b): publish a notice in the Gazette -
110.(1)(b)(i): setting out the proposal to construct the waterwork;
110.(1)(b)(ii): containing a summary of the environmental impact assessment; and
110.(1)(b)(iii): inviting written comments to be submitted, specifying an address to which
and a date before which the comments are to be submitted, which date may not be earlier
than 60 days after publication of the notice;
110.(1)(c): consider what further steps, if any, are appropriate to bring the contents of
the notice to the attention of interested persons, and take those steps which the Minister
considers to be appropriate; and
110.(1)(d): consider -
110.(1)(d)(i): all comments received on or before the date specified in paragraph(b)(iii);
and
110.(1)(d)(ii): the environmental impact assessment.
110.(2): Subsection (1) does not apply -
110.(2)(a): to a waterwork which is constructed in emergency circumstances;
110.(2)(b): to a temporary waterwork in operation for a period of less than five years; or
110.(2)(c): if the waterwork is a minor one.
110.(3): Within two years after the completion of any waterwork contemplated in subsection
(2)(a), the Minister must decide either -
110.(3)(a): to demolish the waterwork; or
110.(3)(b): after complying with subsection (1) to the appropriate extent, to retain the
waterwork.
The Minister may finance the acquisition, construction, alteration, repair, operation and control of government waterworks from funds appropriated by Parliament or obtained from any other source.
112.(1): The Minister may make water from a government waterwork available for allocation
in accordance with Chapter 4.
112.(2): The Minister may in accordance with Chapter
5 fix a charge for water allocated from a government waterwork.
113.(1): The water of a government waterwork and the surrounding state-owned land may be
made available for recreational purposes, either generally or for a specific purpose, on
the conditions and to the persons determined by the Minister.
113.(2): The Minister may -
113.(2)(a): control or prohibit access to any government waterwork; and
113.(2)(b): subject to this Act, make reasonable charges for -
113.(2)(b)(i): the use of;
113.(2)(b)(ii): entry into; and
113.(2)(b)(iii): the use of any water surface or land associated with, any government
waterwork for recreational purposes.
113.(3): Nothing done under this section exempts any person from complying with other
provisions of this Act and with any other applicable law.
This Act also applies to government waterworks constructed before the commencement of this Act.
115.(1): The Minister may transfer, sell or otherwise dispose of any government waterworks
to any person.
115.(2): No government waterwork referred to in subsection (1) may be transferred, sold or
disposed of without the approval of the national executive, if its value exceeds an amount
specified from time to time by the Minister in concurrence with the Minister of Finance.
115.(3): Where a government waterwork is disposed of or transferred to a water management
institution, the Minister of Finance may direct that no transfer duty, other tax or duty
is payable.
116.(1): The Minister may, with regard to a government waterwork, make regulations
providing for -
116.(1)(a): the management of and control over government waterworks and surrounding
state-owned land;
116.(1)(b): the use of the water of a government waterwork and the surrounding state-owned
land; and
116.(1)(c): charges for -
116.(1)(c)(i): entrance to;
116.(1)(c)(ii): use of facilities at; and
116.(1)(c)(iii): the private development of, a government waterwork.
116.(2): In making the regulations, the Minister must take into account all relevant
considerations, including -
116.(2)(a): the safety and protection of government waterworks;
116.(2)(b): the need for control of the use of government waterworks;
116.(2)(c): the safety and security of persons using government waterworks for
recreational purposes; and
116.(2)(d): the cost of protecting and controlling government waterworks and the recovery
of these costs.
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