National Water Act, 1998 (Act No. 36 of 1998)Chapter 8 : Water User Associations96. Disestablishment of water user association |
| (1) | The Minister may, by notice in the Gazette, disestablish an association— |
| (a) | in circumstances provided for in the constitution of the association; |
| (b) | if the functions of the association are, by agreement with another water management institution, to be combined with, or taken over by that water management institution; |
| (c) | if it is in the best interests of the association or its members; |
| (d) | if an investigation of its affairs or financial position reveals that disestablishment is appropriate; |
| (e) | if the Minister has taken over a power or duty of the association as a result of dissensions among the management committee or its members; or |
| (f) | if the association is no longer active or effective. |
| (2) | Before disestablishing a water user association the Minister must— |
| (a) | publish a notice in the Gazette— |
| (i) | stating the intention to disestablish the water user association; |
| (ii) | setting out the reasons for disestablishing the water user association; and |
| (iii) | inviting written comments on the proposal, 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 all comments received on or before the specified date. |