National Water Act, 1998 (Act No. 36 of 1998)SchedulesSchedule 4 : Management and Planning of Water Management InstitutionsPart 4 : Institutional planning |
| 21. | Business plans |
| (1) | The board must prepare business plans. |
| (2) | The first business plan must be for a period of not less than three years and must begin when the first financial year starts, which must be not more than six months after the board is established. |
| (3) | Each subsequent business plan must be updated annually. |
| (4) | The board may review and revise a business plan at any time, and must do so when so directed by the Minister. |
22. General matters to be included in business plans
Each business plan must be in the form determined by the Minister and—
| (a) | must set out the objectives of the institution; |
| (b) | must outline the overall strategies and policies that the institution is to follow to achieve the objectives; |
| (c) | must include a statement of the services which the institution expects to provide and the standards expected to be achieved in providing those services; |
| (d) | must include the financial and performance indicators and targets considered by the board to be appropriate; |
| (e) | may include any other information which the board considers appropriate; and |
| (f) | include any other information determined by the Minister. |
| 23. | Financial matters to be included in business plans |
Each business plan—
| (a) | must include a financial target; |
| (b) | must outline the overall financial strategies for the institution including the setting of charges, borrowing, investment and purchasing and disposal strategies; |
| (c) | must include a forecast of the revenue and expenditure of the institution, including a forecast of capital expenditure and borrowings; |
| (d) | must provide for capacity building amongst its board members and officials; |
| (e) | may include any other financial information which the board considers appropriate; and |
| (f) | must include any other financial information determined by the Minister. |
| 24. | Matters to be considered in setting financial targets |
In preparing or revising a financial target, the board must have regard to—
| (a) | the need to maintain the institution's financial viability; |
| (b) | the need to maintain a reasonable level of reserves, especially to provide for— |
| (i) | corrective action to redress the results of past racial and gender discrimination in the use of water resources; |
| (ii) | any estimated future demand for the services of the institution; and |
| (iii) | any need to improve the accessibility of, and performance standards for, the services provided by the institution; and |
| (c) | other matters determined by the Minister. |
| 25. | Business plans to be given to Minister |
| (1) | When the board prepares or revises a business plan, it must immediately make a copy of the plan available to the Minister. |
| (2) | The Minister may— |
| (a) | within 60 days after receiving a copy of a prepared plan; or |
| (b) | within 30 days after receiving a copy of a revised plan, |
make comments on the plan to the board.
| (3) | The board must consult in good faith with the Minister following communication to it of the Minister's comments and must make any changes to the plan that are agreed upon by the Minister and the board. |
| (4) | The Minister may, from time to time, direct the board to include in, or omit from, a business plan, any matter, including a financial matter. |
| (5) | Before giving a directive under this item, the Minister must consult with the board as to the matters to be included in the directive. |
| (6) | The board must comply with a directive given under this item. |
26. Board to notify Minister of significant events
If matters arise that might prevent, or materially affect, achievement of the objectives of the institution in terms of the business plan or financial targets contained in the business plan, the board must immediately notify the Minister of the existence of such matters.
27. Institution must act in accordance with business plan
The institution must act only in accordance with its business plan, as it exists from time to time, unless the Minister has directed otherwise.
28. Minister may require information
| (1) | The Minister may direct the board to give him or her specific information. |
| (2) | The board must comply with such directive. |