Water Resource Infrastructure Agency Bill on track

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Announcement

Topics Energy & Environmental Law | Government, Politics & Policy

07 Feb 2023

The water and sanitation department plans to table the Draft National Water Resource Infrastructure Agency (NWRIA) Bill in parliament by June 2023.

The department revealed this during a briefing in parliament on responses to resolutions of the national assembly.

The draft bill designed to provide for the incorporation and establishment of the South African National Water Resources Infrastructure Agency Limited as a state-owned company was published for comment in Government Gazette 46917 in September 2022.

The draft bill aims to:

provide for the incorporation and establishment of the South African National Water Resources Infrastructure Agency Limited as a state-owned company and major public entity owned and controlled by the State to administer, fund, finance, provide, operate, maintain and provide advisory services in respect of national water resources infrastructure in accordance with sections 10, 11, 24, 27(1)(b) and 27(2) of the Constitution and national policy;
provide for the transfer of assets and certain liabilities to the South African National Water Resources Infrastructure Agency Limited from the Department of Water and Sanitation and from the Trans-Caledon Tunnel Authority;
provide for the disestablishment of the Trans-Caledon Tunnel Authority; and
provide for matters connected therewith.

According to the department, the proposed Agency envisages undertaking the design planning, financing, development and operation of the national water resource infrastructure that serves water users.

The proposed legislation seeks to ensure a sustainable, equitable and reliable supply of water from national water resources infrastructure while meeting constitutional obligations including the national and regional social and economic objectives of national policy.

In the briefing, the department added that the plan is to appoint the Board for the Agency by January 2024.

The draft bill is currently before a NEDLAC task team until the end of March 2023.

According to the department, the setting up of the NWRIA will address the “current fragmentation of asset management and revenue collection functions for national water resource infrastructure”.

“Currently these functions are fragmented between the TCTA, the WTE and the infrastructure branch of the department, and the establishment of the NWRIA will enable them to be integrated into one entity.”

National water assets currently owned by the department such as dams and associated infrastructure will also be transferred to the NWRIA.

Other developments include:

Department currently focusing on amendments to the National Water Act – Draft National Water Amendment Bill to be submitted to cabinet for approval for comment – draft bill to be submitted to the Clusters shortly as the first step to taking it to cabinet – department currently awaiting judgement from the Constitutional Court on the interpretation of Clause 25 of the National Water Act – will have an impact on the transformation of water use allocations – judgement may have an influence on amendments to the section;
Work on Draft National Water Resource Strategy 3rd Edition (NWRS3) wrapping up – implementation planned for March 2023; and
National Sanitation Framework before cabinet for approval – provides a policy framework which will form the basis for revising the minimum norms and standards for sanitation to make them more equitable and to align them with technology developments in the sector – an implementation plan will be developed over the short, medium, and long term on key aspects flowing from the framework to achieve its objectives.

In a statement following the meeting, the department highlighted its commitment to foster public-private partnerships in order to develop mega water and sanitation infrastructure projects in the country.

Partnerships with the mining and agricultural sectors are in the pipeline.

In another statement, the department confirmed that it is “moving with speed in its efforts to reconfigure its water boards to fast track the provision of water and sanitation services to all”.

“The reconfiguration of water boards is meant to give adequate support to the under-capacitated Water Services Authorities to meet the ever-increasing demand for services by communities and ensure adequate capacity with quality and skilled engineers.”