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.

PART II NATIONAL WATER AUTHORITY

Establishment of the National Water Authority

3. There is hereby established an Authority known as the National Water Authority, which is a body corporate capable of suing and being sued in its corporate name, and with the full power and authority to do all things which may be required or which reasonably appear to be required for or incidental to the carrying out of its objects and the performance of its duties and obligations.

Constitution of the Authority

4. (1) Subject to sub-Section (7), the Authority shall consist of up-to fifteen members to be appointed by the Minister, in accordance with subsections (2), (3), (4) and (5), within sixty (60) days of the coming into force of this Act.

(2) Four members shall be persons who hold office as senior officials of the Government from each of the following ministries:

(a) the Ministry of Agriculture and Co-operatives;

(b) the Ministry of Economic Planning and Development;

(c) the Ministry of Natural Resources, and Energy;

(d) the Ministry of Health and Social Welfare.

(3) There shall at all times be three (3) members appointed by the Minister nominated by each of the following:

(a) Swaziland Sugar Association;

(b) Swaziland Citrus Board; and

(c) Swaziland Chamber of Commerce and Industry.

(4) The Minister shall be appoint three members who -

(a) represents associations, co-operatives and individuals on Swazi Nation Land; and

(b) shall be familiar with at least one of the five major river basins in the country and the major crops grown on Swazi Nation Land.

(5) There shall at all times be one member from each established River Basin Authority nominated by their respective Basin Authority as contemplated in Section 33.

(6) The four members appointed in terms of sub-Sections (3) and (4) will cease to be members after a period of five years from the establishment of the Authority.

(7) After a period of five years from its establishment, the Authority shall consist of nine members, four (4) of whom shall be appointed in the manner provided for in subsection (2) and five of whom shall be appointed in the manner provided in sub-Section (5).

(8) The Minister may appoint as an alternate to any member, a person possessing the like qualifications for appointment as that appointed member.

(9) An alternate is entitled to attend any meeting of the Authority but is not entitled to vote unless the member for whom the alternate is appointed is absent.

(10) A person shall be a member or an alternate member of both the Authority and the Board at the same time and a person who being a member of the Board is appointed as a member or alternate member of the Authority shall forthwith cease to be a member or alternate member of the Board.

(11) The Secretary of the Authority shall be the Director in terms of Section 17.

Period of office and remuneration of members of the Authority

5. (1) A member of the Authority other than a member referred to in Section 4(2) shall be appointed for a period of three years, and any person whose period of office as a member of the Authority has expired shall be eligible for reappointment.

(2) The members of the Authority referred to in Section 4 (2), (3) and (4) and their alternates shall hold office upon such conditions (including payment of sitting allowance) as the Minister may, in consultation with the Minister of Finance, determine.

(3) Any allowances which may become payable under subsection (2) shall be paid out of the Consolidated Fund.

Chairperson, Vice Chairperson and Secretary

6. (1) The Minister shall designate one member as chairperson and another member as vice chairperson of the Authority and, if the chairperson or the vice chairperson or the secretary ceases to hold office as a member of the Authority, the Minister shall designate other members as new chairperson and vice chairperson and secretary.

(2) If at any meeting of the Authority the Chairperson and the vice chairperson are absent for any reason and are unable to preside, the members present shall nominate an acting chairperson.

(3) There shall also be a secretary for the Authority who shall be appointed in terms of Section 17.

Disqualification, termination of membership and filling of vacancies

7. (1) A person shall be appointed as a member or alternate member of the Authority if that person -

(a) is an unrehabilitated insolvent; or

(b) has been convicted of an offense and sentenced to imprisonment without the option of a fine.

(2) The Minister may remove from office any member of the Authority who has been selected or appointed under Section 4 who -

(a) has failed to comply with a condition of the appointment;

(b) in the opinion of the Minister, has been guilty of improper conduct or has habitually neglected his duties as a member of the Authority; or

(c) has, without written permission of the chairperson of the Authority, been absent from three consecutive meetings of the Authority;

(3) If any member of the Authority ceases to hold office, the Minister shall, subject to Section 4 and 6, appoint a person to fill the vacancy on the Authority.

(4) The alternate to a member who has ceased to be a member shall continue to have the authority and rights of an alternate until the appointment as an alternate expires or is terminated.

Functions of the Authority

8. (1) With the approval of the Minister the functions of the Authority are to -

(a) With the approval of the Minister, prepare, adopt and subsequently update, the Water Resources Master Plan which shall comply with Section 10;

(b) advise the Minister on the appointments of persons to serve in the Joint Water Commission or any other international or national water commission which may be established pursuant to Section 19 of this Act;

(c) advise the Minister on the promulgation of regulations respecting the setting of fees or charges for covering operation, cost and maintenance of government works, application fees, fees for appeals or charges for use of water;

(d) oversee the work of and provide policy criteria and direction to the Board and to Project Boards, River Basin Authorities and task forces and to approve their budgets before they are submitted to the Minister;

(e) advise the Minister on policy directions respecting water affairs;

(f) co-ordinate the work of different boards, water sector agencies and international water commissions;

(g) recommend policy with respect to the issue, renewal, amendment or cancellation of permits;

(h) hear appeals from the Board, as provided in Section 32;

(i) monitor and recommend policy direction and guidelines to the Swaziland members of the Tripartite Permanent Technical Committee and the Joint Water Commission and any other international water commission;

(j) review and consider recommendations from the Tripartite Permanent Technical Committee, the Joint Water Commission and any international water commission and to make recommendations thereon to the Minister;

(k) determine the proper management of works and ensure that periodic safety inspections are made of all works;

(l) consider, approve, amend or reject development proposals for the development of water resources which may have a significant impact on the use of water resources;

(m) recommend to the Minister the adoption of water quality objectives;

(n) recommend to the Minister time limits for renewal of permits;

(o) cause to be maintained, expanded and continued the collection of hydrological, meteorological or other water related data and to arrange for the collecting and making available to the Authority, to the Board and to the public of all such data as may be obtained; and

(p) do such other things as the Minister may in writing assign to the Authority.

Designation of flood risk areas

9. (1) If the Authority is of the opinion that there is or may be a risk to human life or property as a result of flooding, the Authority shall recommend to the Minister to-

(a) designate any area of land as a flood risk area, either generally or on an interim basis; and

(b) specify any acceptable uses with respect to the flood risk area.

(2) Before recommending the designating of flood risk areas, the Authority shall take measures to consult with local land owners and occupants and local authorities.

Water Resources Master Plan

10. (1) There shall be a Plan prepared and adopted by the National Water Authority after the approval of the Minister.

(2) The Plan shall contain an inventory of the total water resources of Swaziland and a comprehensive programme of action in which the maximum value can be obtained from this resource for the benefit of the people of Swaziland.

(3) The Plan shall include the generally accepted principles of river basin management.

(4) The Plan shall -

(a) be based on all relevant data including but not limited to data of surface water flows, ground water flows, biological state, climate condition agricultural land suitability, forestry and industrial potential;

(b) identify, at a prefeasibility level, opportunities for water resources development including both storage reservoirs and run of the river developments for irrigated agriculture, hydroelectric generation and industrial use;

(c) consider potential requirements for domestic consumption, schools, clinics and similar institutions.

(5) The Plan shall specifically take into consideration potential developments in the neighbouring countries as well as in the Southern African Development Community.

(6) The object of the Plan is -

(a) to define criteria for allocation of water;

(b) to secure sufficient water resources for domestic, agricultural and industrial needs;

(c) to determine beneficial and equitable needs within the context of sharing waters of international river basins;

(d) to protect the aquatic environment;

(e) to set down social and economic criteria for evaluating alternative water resources developments;

(f) to set down provisions for integrating water management with land and other resources;

(g) to develop a water pricing policy based on the economic value of water;

(h) to develop water conservation objectives including water quality objectives.

(7) The Authority shall in a form and manner prepared by the Authority and approved by the Minister, consult with the public during the development of the framework for the Plan.

(8) The Authority shall develop and adopt the Plan in stages and shall prepare for the approval Minister a schedule and timetable for the proposed development of the Plan.

(9) A final plan shall consist of -

(a) a summary of the issues considered in the Plan;

(b) a summary of recommendations and policies that must be considered in issuing permits, assessing development options, integrating water and other resources, conserving the aquatic environment, upholding international obligations.

(10) There shall be a periodic review of the Plan every three years.

Powers of the Authority

11. (1) The Authority shall have all the powers necessary or which reasonably appear to be necessary to achieve its objects and to perform its duties.

(2) Without limiting the generality of subsection (1), the Authority shall have power:-

(a) to recommend to the Minister the incorporation of irrigation districts;

(b) to recommend to the Minister the incorporation of Project Boards and River Basin Authorities;

(c) to declare emergencies in respect of water resources either in general or in specified areas, after consultation with the Minister.

(d) to determine the amount of compensation to be granted when the Board has recommended compensation under Sections 42 and 59;

(e) to delegate any authority to inspectors or other persons for the purposes of implementing this Act;

(f) to establish task forces;

(g) to engage consultants and advisers.

Meetings of the Authority

12. (1) The first meeting of the Authority shall be held at a time and place to be determined by the Minister but no later than four months after the coming into force of the Act and all subsequent meetings shall be held at such times and places as may be determined by the Authority or, if at the close of any meeting the Authority has not determined the time and place for its next meeting, by the chairperson of the Authority.

(2) The chairperson of the Authority shall, when directed thereto by the Minister, or on the written demand of not less than five members, call a special meeting of the Authority to be held at a time and place determined by the Minister, or by the members as the case may be.

(3) The Authority shall meet at least twice in each period of twelve months from the coming into force of this Act.

Quorum, and Chairman's casting vote

13. (1) Initially eight members, and after 5 years of coming into force of this Act, six members of the Authority shall form a quorum for any meeting of the Authority.

(2) At all meetings of the Authority the chairperson or the acting chairperson of the Authority shall preside.

(3) The decision of a majority of the members of the Authority at any meeting thereof shall constitute a decision of the Authority, and in the event of an equality of votes in regard to any matter, the person presiding at the meeting in question shall have a casting vote in addition to his deliberative vote:

(4) A decision taken by or act done under the authority of the Authority shall be invalid by reason only of an interim vacancy on the Authority or of the fact that a person who is disqualified from being a member of the Authority, or with respect to whose appointment the provisions of this Act had not been observed, sat or acted as a member at the time when the decision was taken or the act was performed or authorized, if the decision was taken or the act performed or authorized by the requisite majority of the members of the Authority present at the time who were entitled to sit and act as members.

Committees of the Authority

14. (1) The Authority may appoint advisory committees to assist it in the performance of its functions and the carrying out of its duties and the persons to be appointed by the Authority as members of any such committee may include persons other than members of the Authority.

(2) There shall be payable to a member of a committee of the Authority, other than a member of the Authority or a person who is in the full-time employment of the Government, such allowances while that person is engaged in the carrying out of his duties as a member of the committee, as the Minister may, in consultation with the Minister of Finance, determine.

(3) Any allowance which is payable under subsection (2) shall be paid out of the Consolidated Fund.

Budget and Reports

15. (1) The Authority shall establish its own budget and shall submit it to the Minister for approval and submission to the Minister for Finance as requirement.

(2) The Authority shall review with the Board and the Director the needs required to carry out the Act and shall make a submission to the Minister.

(3) The Authority shall, within six months of the end of each financial year, furnish to the Minister a report on the activities of the Authority and of the Board and any other board or task force established by the Authority and upon any other matter which has been referred to it by the Minister.

(4) At the end of every financial year the Authority shall submit a duly audited statement to the Minister.

(5) Every report furnished to the Minister under subsection (3) and (4) shall be laid before Parliament as soon as possible after receipt thereof.

By-Laws

16. The Authority may make by-laws to provide for its own procedures for the performance of its work and for its own administration.

Director

17. (1) There shall be an officer of the Director of Water Affairs in the Ministry of Natural Resources and Energy.

(2) The Director shall possess such formal academic qualification in the field of water resources and have sound experience in water resources management as may be considered appropriate for the office.

(3) The Director shall be appointed by the Minister on the recommendation of the Authority on such terms and conditions as the Minister may determine and for a period of five years, which may be renewed.

(3) The Director shall be a member of the Authority, but shall not be entitled to vote.

(4) The Director shall be the Secretary of the Authority and the duties and responsibilities of his office include -

(a) heading the Department of Water Affairs;

(b) providing technical support and advice to the Authority;

(c) arranging with other ministries for the provision of technical advice and cooperation when required for the preparation of plans or assisting in the work of task forces;

(d) leading as far as desirable Swaziland's delegation whenever desirable to International Water Commission established under Section 19;

(e) designating inspectors for the purposes of carrying out this Act;

(f) ensuring that appropriate measures including legal action are taken carried out against violators of this Act.

Department of Water Affairs

18. (1) There shall be established the Ministry of Natural Resources and Energy a Department of Water Affairs consisting of professional, technical, administrative, clerical or other staff as may be required to enable the Department of Water Affairs to perform its duties.

(2) The Minister may designate to be included in the Department of Water Affairs a Section or department of the Ministry and such other staff members of the Public Service as may be required to support the work of the Department as and when required.

(3) The Department of Water Affairs shall be the Secretariat for the National Water Authority under Section 17.