‘‘Agency’’

means the South African National Water Resources Infrastructure Agency SOC Limited established by section 3;

‘‘Board’’

means the Board of the Agency as contemplated in section 7;

‘‘Chief Executive Officer’’

means the Chief Executive Officer appointed in terms of section 23(1);

‘‘Chief Financial Officer’’

means the Chief Financial Officer appointed in terms of section 23(4);

‘‘Companies Act’’

means the Companies Act, 2008 (Act No. 71 of 2008);

‘‘Constitution’’

means the Constitution of the Republic of South Africa, 1996;

‘‘Department’’

means the national government department responsible for water resource management;

‘‘incorporation date’’

means the date of incorporation of the Agency as a state-owned company in terms of section 3;

‘‘LHWP Treaty’’

means the Treaty in relation to the Lesotho Highlands Water Project between the Government of the Republic of South Africa and the Government of the Kingdom of Lesotho, signed on 24 October 1986, including any subsequent protocols, annexures, amendments and agreements concluded pursuant thereto;

‘‘member’’

means an executive or non-executive member of the Board;

‘'Minister’’‘

means the Minister responsible for water resource management;

‘‘National Water Act’’

means the National Water Act, 1998 (Act No. 36 of 1998);

‘‘national water resources infrastructure’’

means a government waterwork declared by the Minister as national water resources infrastructure in terms of section 36;

‘‘non-Treaty functions’’

means the non-Treaty functions of the TCTA contemplated in clause 24 of the Notice of Establishment, which relate to—

‘‘Notice of Establishment’’

means the Notice of Establishment of the TCTA published under Government Notice No. 2631 in Government Gazette number 10545, dated 12 December 1986, as amended by Government Notice No. 277 in Government Gazette No 21017, dated 24 March 2000, which constitutes its enabling legislation;

‘‘prescribed’’

means prescribed by regulation under this Act;

‘‘Public Finance Management Act’’

means the Public Finance Management Act,1999 (Act No. 1 of 1999);

‘‘subsidiary’’

means a subsidiary as contemplated in section 3 of the Companies Act;

‘‘TCTA’’

means the Trans-Caledon Tunnel Authority, a major public entity listed in Schedule 2 of the Public Finance Management Act and a body corporate established in terms of the Notice of Establishment, with powers to implement international agreements in terms of section 102 of the National Water Act and perform any additional functions as directed by the Minister in terms of sections 74 and 103(2) of the National Water Act;

‘‘TCTA’s Treaty functions’’

means the functions that the TCTA must perform in terms of clauses 21 to 23 of its Notice of Establishment;

‘‘Water Services Act’’

means the Water Services Act, 1997 (Act No. 108 of 1997);

‘‘Water Treaty’’

means any international agreement entered into by the South African Government and a foreign government relating to—

‘‘water user’’

means a person or institution authorised to use water in terms of the National Water Act; and

‘‘waterwork’’

means a government waterwork owned or controlled by the Minister and includes any borehole, dam, weir, canal, pipeline, siphon, pump station, reservoir, structure, earthwork or equipment installed or used for or in connection with water use.