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National Water Act, 1998 (Act No. 36 of 1998)

Chapter 5 : Financial Provisions

Part 1 : Water use charges

59 Liability for water use charges

 

(1) Water use charges contemplated in this Chapter—
(a) may only be made in respect of a water use to which a person is voluntarily committed; and
(b) must bear a direct relationship to the water use in question.

 

(2) Any person registered in terms of a regulation under section 26 or holding a licence to use water must pay all charges imposed under section 57 in respect of that water use.

 

(3)        If a water use charge is not paid—

(a) interest is payable during the period of default at a rate determined from time to time by the Minister, with the concurrence of the Minister of Finance, by notice in the Gazette; and
(b) the supply of water to the water user from a waterwork or the authorisation to use water may be restricted or suspended until the charges, together with interest, have been paid.

 

(4) A person must be given an opportunity to make representations within a reasonable period on any proposed restriction or suspension before the restriction or suspension is imposed.

 

(5) Where there is a fixed charge, a restriction or suspension does not relieve a person of the obligation to pay the charges due for the period of the restriction or suspension.

 

(6) A person whose water use is restricted or suspended for any lawful reason may not later claim the water to which that person would otherwise have been entitled during the period of restriction or suspension.

 

 


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