National Water Act, 1998 (Act No. 36 of 1998)Chapter 8 : Water User Associations92. Procedure for establishment of water user association |
| (1) | The Minister may on his or her own initiative or after receiving a proposal containing the information required in terms of section 91(1), by notice in the Gazette— |
| (a) | establish a water user association, give it a name, determine its area of operation and approve its constitution subject to section 93(2); or |
| (b) | amend the name, area of operation or approve an amendment to the constitution of an established water user association. |
| (2) | The Minister may— |
| (a) | require a person who has submitted a proposal in terms of subsection (1) to provide the Minister with additional information to that required by section 91(1); and |
| (b) | instruct the Director-General to conduct an investigation regarding— |
| (i) | the establishment of a water user association; or |
| (ii) | a proposal submitted in terms of subsection (1). |
| (3) | Before the establishment of a water user association the Minister must— |
| (a) | publish a notice in the Gazette— |
| (i) | setting out the proposed establishment of the water user association, the proposed name and the proposed area of operation; and |
| (ii) | inviting written comments to be submitted on the proposals, 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 any comments received on or before the date specified in paragraph (a) (ii). |
| (4) | The Minister need not fulfil all the requirements of subsection (3), if there has been sufficient consultation on a proposal submitted in terms of section 91. |
| (5) | The Minister may— |
| (a) | recover the cost of complying with subsection (3) from the water user association once it has been established; or |
| (b) | require the person proposing the establishment of the water user association to pay the costs in advance. |