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

Chapter 7 : Catchment Management Agencies

Part 4 : Intervention, disestablishment or change of water management areas of catchment management agencies

87. Intervention by Minister

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(1)If a catchment management agency—
(a)is in financial difficulties or is being otherwise mismanaged;
(b)has acted unfairly or in a discriminatory or inequitable way towards any person within its water management area;
(c)has failed to comply with any directive given by the Minister under this Act;
(d)has obstructed the Minister or any other water management institution in exercising a power or performing a duty in terms of this Act;
(e)is unable to exercise its powers or perform its duties effectively due to dissension among the members of the board or water users within its water management area;
(f)has failed to comply with this Act; or
(g)has become redundant or ineffective,

the Minister may –

(i)direct the catchment management agency to take any action specified by the Minister; and
(ii)withhold any financial assistance which might otherwise be available to the catchment management agency, until the catchment management agency has complied with such directive.

 

(2)A directive contemplated in subsection (1)(i) must state—
(a)the nature of the deficiency;
(b)the steps which must be taken to remedy the situation; and
(c)a reasonable period within which those steps must be taken.