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National Water Act, 1998 (Act No. 36 of 1998)

Chapter 7 : Catchment Management Agencies

Part 1 : Establishment and powers of catchment management agencies

78. Procedure for establishment of catchment management agencies

 

(1) The Minister may, subject to section 6(1)(c), on his or own initiative or after receiving a proposal containing the information required in terms of section 77(1), by notice in the Gazette
(a) establish a catchment management agency, give it a name and identify and determine its water management area; or
(b) amend the name or water management area of an established catchment management agency;

 

(2) The Minister may—
(a) require a person who has submitted a proposal contemplated in subsection (1), to provide the Minister with information to that required by section 77(1); and
(b) instruct the Director-General to conduct an investigation regarding—
(i) the establishment of a catchment management agency; or
(ii) a proposal submitted in terms of subsection (1).

 

(3) Before the establishment of a catchment management agency the Minister must—
(a) publish a notice in the Gazette—
(i) setting out the proposed establishment of the catchment management agency, the proposed name and the proposed water management area;
(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;
(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
(c) consider all comments received on or before the date specified in paragraph (a)(ii).

 

(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.