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Water Research Act, 1971 (Act No. 34 of 1971)

11. Levying of rates and charges

 

(1) Notwithstanding anything contained in any law, the Minister may, in consultation with the Minister of Finance, from time to time by notice in the Gazette—
(a) levy rates on land which may be irrigated by means of water supplied or made available by the State, an irrigation board or a water board;
(b) levy charges on water supplied or made available for use for agricultural purposes, urban purposes, industrial purposes or any other purposes by the Ste, an irrigation board, a water board, a local authority, the Rand Water Board or any other body; or
(c) levy both such rates and such charges

 

(2) Rates or charges levied under subsection (1), shall be recovered in the manner prescribed by any such notice from the occupiers, or, failing such occupiers, from the owners, of land referred to in subsection (1)(a), or from the persons or bodies entitled to use water referred to in subsection (1)(b), by
(a) the Secretary, on behalf of the State;
(b) the irrigation board, water board, local authority or other body concerned, or the Rand Water Board,

as the case may be.

 

(3)

(a) The amounts of such rates or charges recovered by any body referred to in subsection (2) (b) shall be paid over to the secretary.
(b) Duly audited statements in support of the amounts referred to in paragraph (a) shall be submitted annually to the secretary.

 

(4) Any notice referred to in subsection (1) may, in respect of the amount or tariff of such rates or charges, differentiate between different classes or categories of occupiers, owners, persons or bodies referred to in subsection (2), and may absolve any particular such class or category from liability for the payment of any such rate or charge.

 

(5) The Minister may charge interest on any rates and charges referred to in subsection (1), levied by him and which are due and payable but unpaid, as from the date fixed for payment thereof, at a rate not exceeding the standard interest rate which at that date applies in respect of loans grated by the State out of the State Revenue Fund under section 26(1) of the Exchequer and Audit Act, 1975 (Act No. 66 of 1975), and the amount of any such rate or charge which is unpaid shall for the purposes of this Act be increased by the amount of such interest accrued in respect thereof: Provided that no interest shall be payable in respect of such last-mentioned amount.

[Subsection (5) inserted by section 1 of Act No. 106 of 1977]

 

(5A) The Minister may from time to time write off any rates or charges which must be recovered in terms of subsection (2) or any interest charged thereon under subsection (5), if such rates, charges or interest for any reason cannot be recovered.

[Subsection (5A) inserted by section 1 of Act No. 10 of 1982]

 

(6) The provisions of this section shall bind the State.

[Subsection (6) inserted by section 1 of Act No. 106 of 1977]