This Act provides, amongst other things, for the rights of access to a basic water supply and basic sanitation. It also provides a regulatory framework for water service institutions and water service intermediaries and sets national standards and norms for tariffs.
Chapter I: Introductory Provisions
Section 6: Access to Water Services Through Nominated Water Services Provider
Subject to section 6(2), no person may use water services from a source other than a water services provider nominated by the water service authority having jurisdiction in the area. Water services are defined as water supply services and sanitation services. The exception referred to in section 6(2) deals with an existing use of water services from a source other than a water services provider.
Compliance Obligations?
Ensure that you only use water from a water services provider nominated by the water services authority with jurisdiction in your area. This is usually the municipality. The local authority may be the water services provider and the water services authority.
This very important section holds that water for industrial use may, subject to section 3, only be obtained from the distribution system of a nominated water services provider. The only exception to this is if the water services authority having jurisdiction has approved such alternative source for the provision of water for industrial use. Similarly, no person may dispose of industrial effluent in any manner other than that approved by the water services provider nominated by the water services authority with jurisdiction in your area.
Compliance Obligations?
If you use water for industrial purposes, or if you dispose of industrial effluent, and you have access to a system provided by an authorised water services provider, you may not obtain water for industrial use or dispose of industrial effluent in any manner other than that approved by the water services provider. By way of example, if you obtain water for industrial use from a borehole, you would have to, in addition to any other water use registration requirements, obtain the permission of the water services provider in your area not to use the distribution system that they provide.
This section provides that approvals given under this act still have to comply with any other relevant laws.
Compliance Obligations?
This section effectively endorses the applicability of any other applicable legislation, including that which relates to abstraction and the use of water and the disposal of effluent. Just because you comply with the provisions of this Act does not mean that you do not have to also comply with the provisions of (for example) the National Water Act 36 of 1998.
This section gives any person authorised thereto in writing by the Minister of Water Affairs, the province or any water services authority permission to enter and to inspect any property to check for compliance with the Act or any regulations made under it.
Compliance Obligations?
A private dwelling may only be entered at a reasonable time, if it is necessary to do so under the provisions of this Act and on reasonable notice. All other premises may be entered at any reasonable time and without prior notice. Identity and proof of authorisation must be furnished and available at the time of entry.