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This Chapter provides for the progressive establishment by the Minister of catchment management agencies. The purpose of establishing these agencies is to delegate water resource management to the regional or catchment level and to involve local communities, within the framework of the national water resource strategy established in terms of Chapter 2 . Whilst the ultimate aim is to establish catchment management agencies for all water management areas, the Minister acts as the catchment management agency where one has not been established. Where the necessary capacity does not exist to establish a catchment management agency, an advisory committee may be appointed under Chapter 9 to develop the necessary capacity as a first step towards establishing an agency.
Under Part 1 a catchment management agency may be established for a specific water management area, after public consultation, on the initiative of the community and stakeholders concerned. In the absence of such a proposal the Minister may establish a catchment management agency on the Minister's own initiative. The provisions of Schedule 4, on institutional and management planning, apply to a catchment management agency.
77.(1): A proposal to establish a catchment management agency must contain at least -
77.(1)(a): a proposed name and a description of the proposed water management area of the
agency;
77.(1)(b): a description of the significant water resources in the proposed water
management area, and information about the existing protection, use, development,
conservation, management and control of those resources;
77.(1)(c): the proposed functions of the catchment management agency, including functions
to be assigned and delegated to it;
77.(1)(d): how the proposed catchment management agency will be funded;
77.(1)(e): the feasibility of the proposed catchment management agency in respect of
technical, financial and administrative matters; and
77.(1)(f): an indication whether there has been consultation in developing the proposal
and the results of the consultation.
77.(2): The Director-General may assist a person to develop such a proposal.
78.(1): The Minister may, subject to section
6(1)(c), on his or her own initiative or after receiving a proposal containing the
information required in terms of section 77(1), by notice in the Gazette -
78.(1)(a): establish a catchment management agency, give it a name and identify and
determine its water management area; or
78.(1)(b): amend the name or water management area of an established catchment management
agency.
78.(2): The Minister may -
78.(2)(a): require a person who has submitted a proposal contemplated in subsection (1),
to provide the Minister with information additional to that required by section 77(1); and
78.(2)(b): instruct the Director-General to conduct an investigation regarding -
78.(2)(b)(i): the establishment of a catchment management agency; or
78.(2)(b)(ii): a proposal submitted in terms of subsection (1).
78.(3): Before the establishment of a catchment management agency the Minister must -
78.(3)(a): publish a notice in the Gazette -
78.(3)(a)(i): setting out the proposed establishment of the catchment management agency,
the proposed name and the proposed water management area; and
78.(3)(a)(ii): inviting written comments to be submitted on the proposal 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;
78.(3)(b): 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
78.(3)(c): consider all comments received on or before the date specified in paragraph
(a)(ii).
78.(4): If the Minister wants to amend the name of a catchment management agency or the
water management area of a catchment management agency, the procedure set out in
subsection (3) must be followed with any necessary changes: Provided that where an
amendment does not affect the rights of any person the procedure set out in subsection (3)
need not be followed.
79.(1): A catchment management agency is a body corporate, and has the powers of a natural
person of full capacity, except those powers which -
79.(1)(a): by nature can only attach to natural persons; or
79.(1)(b): are inconsistent with this Act.
79.(2): Schedule 4 applies to a catchment
management agency, its governing board and committees and the members of the board and
committees.
79.(3): A catchment management agency may perform -
79.(3)(a): any of its functions; or
79.(3)(b): any function which is reasonably incidental to any of its functions, outside
its water management area, if this does not -
79.(3)(b)(i): limit its capacity to perform its functions in its water management area; or
79.(3)(b)(ii): detrimentally affect another water management institution.
79.(4): In performing its functions a catchment management agency must -
79.(4)(a): be mindful of the constitutional imperative to redress the results of past
racial and gender discrimination and to achieve equitable access for all to the water
resources under its control;
79.(4)(b): strive towards achieving co-operation and consensus in managing the water
resources under its control; and
79.(4)(c): act prudently in financial matters.
Subject to Chapter 2 and section 79, upon the establishment of a catchment
management agency, the initial functions of a catchment management agency are -
80.(a): to investigate and advise interested persons on the protection, use, development,
conservation, management and control of the water resources in its water management area;
80.(b): to develop a catchment management strategy;
80.(c): to co-ordinate the related activities of water users and of the water management
institutions within its water management area;
80.(d): to promote the co-ordination of its implementation with the implementation of any
applicable development plan established in terms of the Water Services Act, 1997
(Act No. 108 of 1997); and
80.(e): to promote community participation in the protection, use, development,
conservation, management and control of the water resources in its water management area.
Part 2 describes the appointment of members of the governing board of a catchment management agency. The board of a catchment management agency will be constituted in such a way that interests of the various stakeholders are represented or reflected in a balanced manner, and the necessary expertise to operate effectively is provided. Members of the governing board can be elected or nominated by the different water user groups for appointment by the Minister, and the Minister may of his or her own accord appoint further members. The Minister may also remove board members for good reason.
81.(1): The members of a governing board of a catchment management agency must be
appointed by the Minister who, in making such appointment, must do so with the object of
achieving a balance among the interests of water users, potential water users, local and
provincial government and environmental interest groups.
81.(2): Notwithstanding subsections (3) to (9) the Minister must, from time to time,
determine the extent to which relevant local governments should be represented on the
governing board of each catchment management agency.
81.(3): Before appointing members to the governing board, the Minister must establish an
advisory committee contemplated in Chapter 9, to
recommend to the Minister -
81.(3)(a): which organs of state and bodies representing different sectors and other
interests within the water management area of the catchment management agency should be
represented or reflected on the governing board; and
81.(3)(b): the number of persons which each of them should be invited to nominate.
81.(4): The committee must consult with the relevant organs of state and interest groups
before making its recommendations.
81.(5): After receiving the committee's recommendations, the Minister must decide which
organs of state and bodies will be invited to nominate representatives for appointment to
the governing board, and the number of representatives each may nominate.
81.(6): The Minister's decision must be communicated to the organs of state and bodies
concerned and the Minister must take the necessary steps to obtain nominations from them
by a date specified by the Minister.
81.(7): The Minister must appoint the persons nominated by the organs of state and the
bodies concerned in accordance with the invitation, unless -
81.(7)(a): any such person is not a fit and proper person to serve on the governing board;
or
81.(7)(b): any such organ of state or body has not followed its own internal procedures in
making the nomination.
81.(8): If the Minister does not appoint a nominee, the Minister must -
81.(8)(a): inform the organ of state or body concerned and state the reasons for not
appointing that nominee; and
81.(8)(b): invite a further nomination from that organ of state or body.
81.(9): If one or more nominations are still outstanding on the date specified under
subsection (6), the Minister may appoint members of the board and fill any vacancy later.
81.(10): After appointing members to the board the Minister may appoint additional members
selected by the Minister in order to -
81.(10)(a): represent or reflect the interests identified by the advisory committee;
81.(10)(b): achieve sufficient gender representation;
81.(10)(c): achieve sufficient demographic representation;
81.(10)(d): achieve representation of the Department;
81.(10)(e): achieve representation of disadvantaged persons or communities which have been
prejudiced by past racial and gender discrimination in relation to access to water; and
81.(10)(f): obtain the expertise necessary for the efficient exercise of the board's,
powers and performance of its duties.
81.(11): A member must be appointed for a specified term of office.
81.(12): The Minister may extend the term of office of a member.
81.(13): If the term of office of a member expires before the first meeting of a new board
takes place, the existing member remains in office until that first meeting takes place.
81.(14): A member nominated for appointment to the board by an organ of state or body is
accountable to that organ of state or body.
82.(1): The Minister must convene the first meeting of the governing board of a catchment
management agency, which must be chaired by an official of the Department or a member of
the committee.
82.(2): At the first meeting of the governing board, the members may recommend one of them
for appointment as chairperson and another as deputy chairperson.
82.(3): The Minister must -
82.(3)(a): with due regard to any recommendation made by the governing board at its first
meeting, appoint one of the members as chairperson; and
82.(3)(b): appoint any other member as deputy chairperson.
82.(4): The chief executive officer provided for in Schedule 4 may be a member of the governing
board, but may not be its chairperson or deputy chairperson.
82.(5): A catchment management agency may establish committees, including an executive
committee and consultative bodies, to perform any of its functions within a particular
area or generally or to advise it, and must determine how they must function.
83.(1): The Minister may remove a member from a governing board, or remove the chairperson
or deputy chairperson from office, if -
83.(1)(a): there is good reason for doing so;
83.(1)(b): the person concerned has had an opportunity of making representations to the
Minister; and
83.(1)(c): the Minister has consulted with the governing board.
83.(2): The Minister must remove a member nominated by an organ of state or body from a
governing board if that organ of state or body requests the Minister to do so.
83.(3): If a person ceases for any reason to be a member of a governing board before that
person's term of office expires, the Minister may, for the remainder of the term of office
-
83.(3)(a): if that person was nominated by any organ of state or body, appoint another
person nominated by that organ or body; or
83.(3)(b): if that person was selected by the Minister, appoint another person.
Part 3 deals with the functions and operation of catchment management agencies. Initial functions, dealt with in Part 2, include the investigation of and advice on water resources, the co-ordination of the related activities of other water management institutions within its water management area, the development of a catchment management strategy and the promotion of community participation in water resource management within its water management area. Additional powers and duties described in Schedule 3 may be assigned or delegated to agencies such as to establish water use rules and management systems, to direct users to terminate illegal uses of water, and to temporarily limit the use of water during periods of shortage.
A catchment management agency may be financed by the state from water use charges made in its water management area or from any other source.
84.(1): A catchment management agency may raise any funds required by it for the purpose
of exercising any of its powers and carrying out any of its duties in terms of this Act.
84.(2): A catchment management agency must be funded by -
84.(2)(a): money appropriated by Parliament;
84.(2)(b): water use charges; and
84.(2)(c): money obtained from any other lawful source for the purpose of exercising its
powers and carrying out its duties in terms of this Act.
A catchment management agency must provide the Director-General with copies of all pleadings, affidavits and other documents in the possession of the catchment management agency relating to any proceedings instituted against that catchment management agency.
86.(1): Subject to subsections (2) and (3), a catchment management agency may delegate any
power to -
86.(1)(a): a member of its governing board;
86.(1)(b): an employee of any water management institution (including itself), by name, or
to the holder of an office in that institution; or
86.(1)(c): any committee established by the catchment management agency which consists
only of members of the governing board or employees of the catchment management agency;
and
86.(1)(d): any other person or body only with the written consent of the Minister.
86.(2): A catchment management agency may not delegate -
86.(2)(a): the power of delegation; or
86.(2)(b): any power to make water use charges.
86.(3): A catchment management agency may only delegate a power to authorise the use of
water, if this power is delegated to a committee consisting of three or more members of
its governing board.
Part 4 enables the Minister to disestablish a catchment management agency or make changes to its water management area, for reasons which include the need to reorganise water management institutions for more effective water resource management. An agency may also be disestablished if it does not operate effectively.
87.(1): If a catchment management agency -
87.(1)(a): is in financial difficulties or is being otherwise mismanaged;
87.(1)(b): has acted unfairly or in a discriminatory or inequitable way towards any person
within its water management area;
87.(1)(c): has failed to comply with any directive given by the Minister under this Act;
87.(1)(d): has obstructed the Minister or any other water management institution in
exercising a power or performing a duty in terms of this Act;
87.(1)(e): is unable to exercise its powers or perform its duties effectively due to
dissension among the members of the board or water users within its water management area;
87.(1)(f): has failed to comply with this Act; or
87.(1)(g): has become redundant or ineffective, the Minister may -
87.(1)(g)(i): direct the catchment management agency to take any action specified by the
Minister; and
87.(1)(g)(ii): withhold any financial assistance which might otherwise be available to the
catchment management agency, until the catchment management agency has complied with such
directive.
87.(2): A directive contemplated in subsection (1)(i) must state -
87.(2)(a): the nature of the deficiency;
87.(2)(b): the steps which must be taken to remedy the situation; and
87.(2)(c): a reasonable period within which those steps must be taken.
87.(3): If the catchment management agency fails to remedy the situation within the given
period, the Minister may -
87.(3)(a): after having given that catchment management agency a reasonable opportunity to
be heard; and
87.(3)(b): after having afforded the catchment management agency a hearing on any
submissions received, take over the relevant power or duty of the catchment management
agency.
87.(4): If the Minister takes over a power or duty of a catchment management agency -
87.(4)(a): the Minister may do anything which the catchment management agency might
otherwise be empowered or required to do by or under this Act, to the exclusion of the
catchment management agency;
87.(4)(b): the board of the catchment management agency may not, while the Minister is
responsible for that power or duty, exercise any of its powers or perform any of its
duties relating to that power or duty;
87.(4)(c): an employee or a contractor of the catchment management agency must comply with
a directive given by the Minister;
87.(4)(d): as soon as the Minister is satisfied that the catchment management agency is
once more able to exercise its powers or perform its duties effectively, the Minister must
cease exercising any such powers and performing any such duties; and
87.(4)(e): the Minister may recover from the catchment management agency all reasonable
costs incurred, including any losses suffered as a result of lawful and reasonable action
taken under this section, except to the extent that the loss is caused or contributed to
by the negligence of the Minister, or any person under the control of the Minister.
88.(1): The Minister may, by notice in the Gazette, disestablish a catchment management
agency if it is desirable -
88.(1)(a): for purposes of re-organising water management institutions in that area in the
interests of effective water resource management;
88.(1)(b): because the catchment management agency cannot or does not operate effectively;
or
88.(1)(c): because there is no longer a need for the catchment management agency.
88.(2): Before disestablishing a catchment management agency the Minister must -
88.(2)(a): publish a notice in the Gazette -
88.(2)(a)(i): stating the intention to disestablish the catchment management agency and
the reasons therefor; and
88.(2)(a)(ii): inviting written comments on the proposed disestablishment and giving a
specified 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;
88.(2)(b): 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
88.(2)(c): consider all comments received on or before the specified date.
89.(1): If the Minister changes the water management area of a catchment management agency
under section 78 or disestablishes a catchment
management agency under section 88, the Minister may direct the catchment management
agency to transfer some or all of its assets and liabilities to another water management
institution.
89.(2): A catchment management agency must do everything in its power to give effect to a
directive under subsection (1).
89.(3): In issuing a directive under subsection (1) the Minister must consider -
89.(3)(a): the interests of creditors and users of water; and
89.(3)(b): any financial contributions directly or indirectly made by the users of water
resources towards the infrastructure of the catchment management agency.
89.(4): Where a catchment management agency is disestablished and its assets and
liabilities are not transferred to another water management institution its assets and
liabilities vest in the Minister and the Minister must wind up its affairs and assume the
powers and duties of the catchment management agency for the period of winding up.
89.(5): No transfer duty, other tax or duty is payable in respect of the transfer of any
assets in terms of this section.
90.(1): Subject to subsection (2), the Minister may make regulations -
90.(1)(a): prescribing a maximum and a minimum number of members of a governing board;
90.(1)(b): requiring the establishment of consultative forums and determining their
composition and functions;
90.(1)(c): determining, in consultation with the Minister of Finance, the basis and extent
of remuneration and payment of expenses of members of governing boards and committees; and
90.(1)(d): on any other matter which is necessary or desirable for the efficient
functioning of catchment management agencies and their governing boards and committees.
90.(2): In making regulations, the Minister must take into account all relevant
considerations, including the need to -
90.(2)(a): achieve adequate representation of and consultation with organs of state,
bodies representing different sectors and other interests within the areas of jurisdiction
of catchment management agencies; and
90.(2)(b): secure the efficient and cost effective functioning of catchment management
agencies and their management structures.
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