Legislation: Water services Act, 108/97

Water services Act, 108/97
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Water Services Act
108 of 1997

The Water Services Act provide for the rights of access to basic water supply and basic sanitation. Sufficient water and an environment not harmful to health or well-being is necessary. Government has to ensure that water supply services and sanitation services are provided in a manner that is efficient, equitable and sustainable. The provision of water supply services and sanitation services, although an activity distinct from the overall management of water resources, must be undertaken in a manner consistent with the broader goals of water resource management.

This Act, among other things, also provide for the gathering and the distribution of information in a national information system and the promotion of effective water resource management and conservation.

The interests of consumers and the broader goals of public policy must be promoted. The National Government plays the role of custodian of the nation’s water resources.





Industrial use of water (Section 7)

No person may obtain water for industrial use from any source other than the distribution system of a water services provider nominated by the water services authority having jurisdiction in the area in question, without the approval of that water services authority. No person may dispose of industrial effluent in any manner other than that approved by the water services provider nominated by the water services authority having jurisdiction in the area in question. However, a person who at the commencement of this Act, obtains water for industrial use or disposes of industrial effluent from a source or in a manner requiring the approval of a water services authority, may continue to do so under certain conditions. (Section 7(3))

No approval given by a water services authority under this section relieves anyone from complying with any other law relating to the use and conservation of water and water resources or the disposal of effluent.





Standards (Section 9)

The Minister may, from time to time, prescribe compulsory national standards relating to, amongst others, the provision of water services, the quality of water taken from or discharged into any water services or water resource system and the effective and sustainable use of water resources for water services.

These standards may differentiate between different users of water services and different geographic areas, taking into account, amongst other factors, the socio-economic and physical attributes of each area.

In prescribing these standards the Minister must consider

Every water services institution must comply with the abovementioned standards.

Contents of draft water services development plan (Section 13)

Every draft water services development plan must contain, amongst other things, the following details:

the physical attributes of the area to which it applies
the size and distribution of the population within that area
existing industrial water use within the area of jurisdiction of the relevant water services authority
existing industrial effluent disposed of within the area of jurisdiction of the relevant water services authority;
the future provision of water services and water for industrial use and the future disposal of industrial effluent including the water sources to be used and the quantity of water to be obtained from and discharged into each source
the number and location of persons to whom water services cannot be provided within the next five years, setting out the reasons therefore and the time frame within which it may reasonably be expected that a basic water supply and basic sanitation will be provided to those persons
existing and proposed water conservation, recycling and environmental protection measures.

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