Acts Online
GT Shield

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

 

(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.