The Water Bill, 2001

This is a draft Water Bill and is is a working document and not a formal document. As such it should not be interpreted as the policy of the Government of Swaziland until it has been finally agreed and adopted by Cabinet and His Majesty as national legislation.

CONTENTS | PART I - PRELIMINARY | PART II - NATIONAL WATER AUTHORITY | PART III - INTERNATIONAL WATER BODIES | PART IV - WATER APPORTIONMENT BOARD | PART V - PERMIT FOR THE USE OF WATER | PART VI - GROUND WATER | PART VII - SERVITUDE | PART VIII - CONTROL OF POLLUTION | PART IX - WATER SPORT CONTROL | PART X - IRRIGATION DISTRICTS AND WATER USERS ASSOCIATIONS | PART XI - PROJECT BOARDS | PART XII - MISCELLANEOUS

PART XI PROJECT BOARDS

Establishment of Project Boards

79. (1) The Minister may from time to time upon the recommendation of the Authority after consultation with the relevant River Basin Authority establish project board by notice in the Gazette.

(2) A project boards shall be established for new developments requiring new capital input or organization.

(3) The notice shall state a name for the project board and shall define its objects, powers and location within which it shall operate.

(4) Upon incorporation the project board shall be a body corporate capable of suing and being sued in its own name and shall have such powers as a body corporate may have.

(5) The management of a project board shall be elected by the relevant water users and shall hold officer for a period not exceeding 3 years but will be eligible for re-election.

(6) Unless otherwise stated in the gazette establishing the board, a board shall be responsible for regulation of its own affairs and procedures at meetings.

(7) The notice of establishment shall set out the objects of the project board which shall include the construction and/or operation and/or distribution of water to permit holders and may include such other objects as may be recommended by the Authority.

(8) The notice of incorporation shall define the powers of the Project Board to be exercised by the board of directors which may include, but not be limited to -

(a) the power, with the consent of the Minister and the Minister of Finance, to borrow money;

(b) the power to levy charges and assessments on the distribution of water to defray in whole or in part the capital operating and maintenance costs incurred by the project board;

(c) such other powers as may be recommended by the Authority.

(9) All charges and levies raised in accordance with subsection8(b) shall be specifically for the project concerned and shall be determined in conjunction with the affected stakeholders to ensure and protect their long-term viability of the project.

(10) The Project Board shall keep a separate account for all money received and its accounts shall be audited by an accredited accounting firm appointed by the Authority.

(11) A project board shall present an audited statement of account and a report of its activities to the Authority at least once during each year of the project activities.

(12) The objects and powers of the project board may be altered, expanded or reduced from time to time by the Minister on the recommendation of the Basin Authority through the Authority by notice in the Gazette.