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Water Services Act, 1997 (Act No. 108 of 1997)

Chapter I : Introductory Provisions

8. Approvals and appeal

 

(1) A water services authority whose approval is required in terms of section 6 or 7—
(a) may not unreasonably withhold the approval; and
(b) may give the approval subject to reasonable conditions.

 

(2) A water services authority may require a person seeking approval to provide water services to others on reasonable terms, including terms relating to—
(a) payment for the services; and
(b) compensation for the cost of reticulation and any other costs incurred in providing the water service.

 

(3) In determining what is reasonable under subsections (1)(a), (1)(b) and (2), a water services authority—
(a) must consider the following factors, to the extent that the water services authority considers them to be relevant:
(i) The cost of providing;
(ii) the practicability of providing;
(iii) the quality of;
(iv) the reliability of;
(v) the financial, technological and managerial advisability of providing;
(vi) the economic and financial efficiency of; and
(vii) the socio-economic and conservation benefits that may be achieved by providing,

the water services in question; and

(b) may consider any other relevant factor.

 

(4) A person who has made an application in terms of section 6 or 7 may appeal to the Minister against any decision, including any condition imposed, by that water services authority in respect of the application.

 

(5) An appellant, under subsection (4), must note an appeal by lodging a written notice of appeal with—
(a) the Minister; and
(b) the person against whose decision the appeal is made,

within 21 days of the appellant becoming aware of the decision.

 

(6) A person who has made an application in terms of section 6 or 7 map appeal to the Minister if the water services authority in question fails to take a decision on the application within a reasonable time.

 

(7) An appeal under subsection (6)—
(a) must be conducted as if the application had been refused; and
(b) must be noted by lodging a written notice of appeal with the Minister and the water services authority in question.

 

(8) A relevant Province may intervene as a party in an appeal under subsection (4) or (6).

 

(9) The Minister may on appeal confirm, vary or overturn any decision of the water services authority concerned.

 

(10) The Minister may prescribe the procedure for conducting an appeal under this section.