| (a) |
may not unreasonably withhold the approval; and |
| (b) |
may give the approval subject to reasonable conditions. |
| (2) |
A water services authority may require a person seeking approval to provide water services to others on reasonable terms, including terms relating to— |
| (a) |
payment for the services; and |
| (b) |
compensation for the cost of reticulation and any other costs incurred in providing the water service. |
| (3) |
In determining what is reasonable under subsections (1)(a), (1)(b) and (2), a water services authority— |
| (a) |
must consider the following factors, to the extent that the water services authority considers them to be relevant: |
| (i) |
The cost of providing; |
| (ii) |
the practicability of providing; |
| (v) |
the financial, technological and managerial advisability of providing; |
| (vi) |
the economic and financial efficiency of; and |
| (vii) |
the socio-economic and conservation benefits that may be achieved by providing, |
the water services in question; and
| (b) |
may consider any other relevant factor. |
| (4) |
A person who has made an application in terms of section 6 or 7 may appeal to the Minister against any decision, including any condition imposed, by that water services authority in respect of the application. |
| (5) |
An appellant, under subsection (4), must note an appeal by lodging a written notice of appeal with— |
| (b) |
the person against whose decision the appeal is made, |
within 21 days of the appellant becoming aware of the decision.
| (6) |
A person who has made an application in terms of section 6 or 7 map appeal to the Minister if the water services authority in question fails to take a decision on the application within a reasonable time. |
| (7) |
An appeal under subsection (6)— |
| (a) |
must be conducted as if the application had been refused; and |
| (b) |
must be noted by lodging a written notice of appeal with the Minister and the water services authority in question. |
| (8) |
A relevant Province may intervene as a party in an appeal under subsection (4) or (6). |
| (9) |
The Minister may on appeal confirm, vary or overturn any decision of the water services authority concerned. |
| (10) |
The Minister may prescribe the procedure for conducting an appeal under this section. |
Superior Courts Act, 2013
