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Water Services Act, 1997 (Act No. 108 of 1997)

Chapter I : Introductory Provisions

1. Definitions

 

In this Act, unless the context shows that another meaning is intended—

 

"approve"

means approve in writing, and "approval" has a corresponding meaning;

 

"basic sanitation"

means the prescribed minimum standard of services necessary for the safe, hygienic and adequate collection, removal, disposal or purification of human excreta, domestic waste-water and sewage from households, including informal households;

 

"basic water supply"

means the prescribed minimum standard of water supply services necessary for the reliable supply of a sufficient quantity and quality of water to households, including informal households, to support life and personal hygiene;

 

"consumer"

means any end user who receives water services from a water services institution, including an end user in an informal settlement;

 

"consumer installation"

means a pipeline, fitting or apparatus installed or used by a consumer to gain access to water services and includes a meter attached to such pipeline, fitting or apparatus;

 

"development plan"

means a water services development plan adopted in terms of this Act;

 

"disposal of industrial effluent"

means the collection, removal, disposal or treatment of effluent emanating from industrial use of water;

 

"emergency situation"

means any situation declared as such in terms of a law and which is likely to cause injury or loss of life;

 

"industrial use"

means the use of water for mining, manufacturing, generating electricity, land-based transport, construction or any related purpose;

 

"Minister"

means the Minister of Water Affairs and Forestry;

 

"organisation representing municipalities"

means an organisation recognised under a law contemplated in section 163 of the Constitution as representing municipalities, or in the absence of such a law, any organisation or organisations considered by the Minister after consultation with the Minister for Provincial Affairs and Constitutional Development as representing municipalities, and includes an organisation representing district or rural councils as defined in the Local Government Transition Act, 1993 (Act No. 709 of 1993);

 

"person"

includes a water services institution;

 

"prescribe"

means prescribe by regulation;

 

"Province"

means the Member of the Executive Council responsible for local government in the Province concerned;

 

"regulation"

means a regulation made under this Act;

 

"sanitation services"

means the collection, removal, disposal or purification of human excreta, domestic waste-water, sewage and effluent resulting from the use of water for commercial purposes;

 

"this Act"

includes the regulations;

 

"Water board"

means an organ of state established or regarded as having been established in terms of this Act to perform, as its primary activity, a public function;

 

"water services"

means water supply services and sanitation services;

 

"water services authority"

means any municipality, including a district or rural council as defined in the Local Government Transition Act, 1993 (Act No. 209 of 1993), responsible for ensuring access to water services;

 

"water services institution"

means a water services authority, a water services provider, a water board and a water services committee;

 

"water services intermediary"

means any person who is obliged to provide water services to another in terms of a contract where the obligation to provide water services is incidental to the main object of that contract;

 

"water services provider"

means any person who provides water services to consumers or to another water services institution, but does not include a water services intermediary;

 

"water services work"

means a reservoir, dam, well, pumphouse, borehole, pumping installation, purification work, sewage treatment plant, access road, electricity transmission line, pipeline, meter, fitting or apparatus built, installed or used by a water services institution—

(i) to provide water services;
(ii) to provide water for industrial use; or
(iii) to dispose of industrial effluent;

 

"water supply services"

means the abstraction, conveyance, treatment and distribution of potable water, water intended to be converted to potable water or water for commercial use but not water for industrial use.