WATER SERVICES AMENDMENT BILL

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WATER SERVICESAMENDMENT BILL

• Presentation to Portfolio Committee

08 September 2004
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Background

• Water Boards (WBs) established i.t.o. WSAct
  within South Africa
• WBs are statutory bodies can only act i.t.o.
  statutes
• In past legal uncertainty whether WBs may go
  outside borders of country now with certainty
  not unless Act provides for it

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Background - Current

• Umgeni Water engaged before legal certainty,
  still interested (mostly consulting services)
• Rand Water also interested
• Parastatals should contribute to NEPAD

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Amendment Bill Process

• Consulted with NT, DTI, DPE in drafting
• Published in Gazette 30 April 2004 for comment
• Comment received from SALGA, Rand Water Umgeni
  Water
• SALGA disagree should not be allowed due to
  institutional reform
• Rand Umgeni support, but concerns about admin
  process
• Introduced to Parliament published for comment
  to Parliament

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Amendment Bill Approach

• Part 1 Gazette notice of parameters (In
  consultation with Ministers of Finance, Trade
  Industry Public Enterprise)
• Nature of activities
• Countries
• Maximum amount of capital
• Part 2 Specific authorisations
• In consultation with Minister of Finance

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Why Amendment

• Will allow extraterritorial activities in a
  structured way, as authorised
• Can not be done by regulations regs only apply
  within SA
• Retrospective NO, will allow from now on (and
  existing)