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

89. Transfer of assets and liabilities after change of water management area of disestablishment
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(1)If the Minister changes the water management area of a catchment management agency under section 78 or disestablishes a catchment management agency under section 88, the Minister may direct the catchment management agency to transfer some or all of its assets and liabilities to another water management institution.

 

(2)A catchment management agency must do everything in its power to give effect to a directive under subsection (1).

 

(3)In issuing a directive under subsection (1) the Minister must consider—
(a)any interests of creditors and users of water; and
(b)any financial contribution directly or indirectly made by the users of water resources towards the infrastructure of the catchment management agency.

 

(4)Where a catchment management agency is disestablished and its assets and liabilities are not transferred to another water management institution its assets and liabilities vest in the Minister and the Minister must wind up its affairs and assume the powers and duties of the catchment management agency for the period of winding up.

 

(5)No transfer duty, other tax or duty is payable in respect of the transfer of any assets in terms of this section.