Laws of Zambia Active 1997The Water Supply and Sanitation
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Water Supply and [No. 28 of 1997 239
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THE WATER SUPPLY AND SANITATION ACT, 1997
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1. Short title and commencement
2. Interpretation
PART II
THE NATIONAL WATER SUPPLY AND SANITATION COUNCIL
3. Establishment of Council
4. Functions of Council
5. General powers of Council
6. Technical Advisory Committee
7. Director and Deputy Director
8. Secretary and other staff of Council
PART III
WATER SUPPLY AND SANITATION UTILITIES
9. Incorporation of utilities as companies
10. Obligation to supply water and sanitation services
WATER SUPPLY AND SANITATION UTILITIES
9. Incorporation of utilities as companies
10. Obligation to supply water and sanitation services
PART IV
LICENSING OF UTILITIES AND SERVICE PROVIDERS
11. Licensing of utilities and service providers
12. Application for licence
13. Issue of licence
14. Refusal to issue licence
15. Appeal from decision of Council
16. Conditions of licence
17. Failure to commence operations
18. Transfer of licence
19. Amendment of licence
20. Enforcement notices
21. Suspension or cancellation of licence
22. Register of utilities and service providers
Copies of this Act can be obtained from the Government Printer,
P. O. Box 30136, 10101, Lusaka. Price K7,000.00 each.
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PART V
POWERS OF UTILITIES AND SERVICE PROVIDERS
Water Supply and
Sanitation
PART V
POWERS OF UTILITIES AND SERVICE PROVIDERS
Section
23. Acquisition of land for water supply or sanitation purposes
24. Powers to execute works and consultation by developer
25. Powers to cut into streets
26. Powers to reduce levels of service
27. Powers to establish and maintain easements
28. Rights of entry
29. Compensation for damage in the exercise of powers
30. Maintenance of water and sewerage supply lines
31. Prohibition of certain activities relating to facilities
32. Rights over private facilities
PART VI
INSPECTIONS
33. Appointment of inspectors
34. Powers of inspectors
35. Duty of inspector to report to Council
PART VII
MISCELLANEOUS
36. Appeals
37. Monetary penalties
38. General penalty
39. Regulations and by-laws
40. Transitional provisions
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SCHEDULE
PART I
THE NATIONAL WATER SUPPLY AND SANITATION COUNCIL
Paragraph
SCHEDULE
PART I
THE NATIONAL WATER SUPPLY AND SANITATION COUNCIL
Paragraph
1. Seal of Council
2. Composition of Council
3. Tenure of office and vacancies
4. Proceedings of Council
5. Committees of Council
6. Disclosure of interest
7. Prohibition of publication or disclosure of information to
unauthorised persons
8. Remuneration and allowances
PART II
FUNDS OF COUNCIL
9. Funds of Council
10. Investments of funds
11. Financial Year
12. Accounts
13. Annual Report
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GOVERNMENT OF ZAMBIA
ACT
No. 28 of 1997
Date of Assent: 11th November, 1997
An Act to establish the National Water Supply and Sanitation Council and define its functions; to provide for the establishment, by local authorities, of water supply and sanitation utilities; to provide for the efficient and sustainable supply of water and sanitation services under the general regulation of the National Water Supply and Sanitation Council; and to provide for matters connected with or incidental to the foregoing.
[14th November, 1997
ENACTED by the Parliament of Zambia.
PART I
Council; and to provide for matters connected with or incidental to the foregoing.
[14th November, 1997
ENACTED by the Parliament of Zambia.
PART I
PRELIMINARY
1. This Act may be cited as the Water Supply and Sanitation Act, 1997.
2. In this Act, unless the context otherwise requires—
“ Chairperson ” means the person elected Chairperson of the Council under paragraph 2 of Part I of the Schedule;
“ consumer ” means a direct beneficiary of water supply or sanitation services;
“ Council ” means the National Water Supply and Sanitation Council established under section three;
“ Deputy director ” means the person appointed Deputy Director of the Council under section seven;
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“ Director ” means the person appointed Director of the
Council under section seven;
“ facilities ” means all structures, systems, pipes, appurte-
nances and any plant and equipment, whether located on
private or public premises or on private or public land,
necessary to provide water supply or sanitation services by
any person providing the service, or which is used by any
consumer of water supply or sanitation services;
or sanitation services by
any person providing the service, or which is used by any
consumer of water supply or sanitation services;
Cap. 281
“ local authority ” means a council established under the
Local Government Act;
“ sanitation services ” means —
(a) the disposal, on-site or off-site, of human excreta;
(b) the collection of sewage, excluding untreated toxic
waste and storm water, from residential, commer-
cial or industrial sources; or
(c) the treatment and disposal of waste water in accor-
dance with this Act and the standards established
under the Standards Act, the Public Health Act, the
Environmental Protection and Pollution Control
Cap. 416 Act or any other written law;
Cap. 295
Cap. 204
“ Secretary ” means the person appointed Secretary of the
Council under section eight;
“ service provider ” means any person who provides water
supply or sanitation services;
“ sewage ” means soil water, waste water or manufacturing
or trade effluent;
s water
supply or sanitation services;
“ sewage ” means soil water, waste water or manufacturing
or trade effluent;
“ utility ” means a water supply and sanitation utility established by
a local authority in accordance with section nine ; and
“ Vice-Chairperson ” means the person elected Vice-
Chairperson of the Council under paragraph 2 of Part I of
the Schedule.
PART II
THE NATIONAL WATER SUPPLY AND SANITATION COUNCIL
Establish- 3. (1) There is hereby established the National Water Supply
ment of and Sanitation Council which shall be a body corporate with
Council perpetual succession and a common seal, capable of suing and being
sued in its corporate name and with power, subject to this Act, to do
all such acts and things as a body corporate may by law do or
perform.
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Functions of Council
(2) The Schedule shall apply to the Council.
anitation
Functions of Council
(2) The Schedule shall apply to the Council.
4. (1) Subject to the other provisions of this Act, the functions
of the Council shall be to do all such things as are necessary to
regulate the provision of water supply and sanitation services.
(2) Without prejudice to the generality of subsection (1), the
functions of the Council shall be to—
(a) advise the Government on water supply and sanitation
matters;
(b) advise local authorities on commercially viable institu-
tional arrangements for the provision of water supply
and sanitation services;
(c) licence utilities and other service providers as well as other
activities relating to the provision of water;
(d) develop guidelines for—
(i) the provision of water supply and sanitation ser-
vices;
(ii) the establishment of water supply and sanitation
utilities;
(iii) the technical and financial management of utili-
ties; and
(iv) the setting of tariffs for the provision of water
supply and sanitation services;
(e) establish and enforce standards for—
es; and
(iv) the setting of tariffs for the provision of water
supply and sanitation services;
(e) establish and enforce standards for—
(i) water supply or sanitation services;
(ii) the management of utilities and other service
providers;
(iii) the design, construction, operation and mainte-
nance of water supply and sanitation facilities;
(f) advise utilities and other service providers on procedures
for handling complaints from consumers;
(g) disseminate information to consumers on matters relating
to water supply and sanitation services; and
(h) carry out any other activities relating to the regulation of
water supply or sanitation services which are necessary
or conducive to the better performance of its functions
under this Act.
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its functions
under this Act.
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General
powers of
Council 5. The Council may direct any utility or service provider to—
(a) take such action as may be necessary or expedient to enable
the Government to comply with any international agree-
ment to which the Government is a party;
(b) deliver its services in such a manner as shall ensure
compliance with this Act; or
(c) submit such information and records as are necessary to
enable the Council to monitor the performance of such
utility or service provider.
enable the Council to monitor the performance of such
utility or service provider.
Technical 6. (1) The Council shall constitute a Technical Advisory Com-
Advisory mittee whose members shall be experts in fields relevant to the
Committee provision of water supply or sanitation services.
(2) Subject to subsection (1), the Council shall appoint three
persons from the public sector and four persons from the private
sector as members of the Technical Advisory Committee on such
terms and conditions as the Council may determine.
(3) The functions of the Technical Advisory Committee shall be
to advise the Council on—
(a) the formulation of policies, standards, guidelines and
regulations relating to the provision of water supply or
sanitation services;
regulations relating to the provision of water supply or
sanitation services;
(b) water conservation efficiency, sustainability of water use
and waste water re-use; and
(c) any other matter referred to it by the Council.
Director and 7. (1) The Council shall appoint, on such terms and conditions
Deputy as it may determine, a Director who shall be the chief executive
Director officer of the Council and who, subject to the control of the Council,
shall be responsible for the administration of the affairs of the
Council.
shall be responsible for the administration of the affairs of the
Council.
(2) The Council may delegate to the Director, subject to any
specific or general conditions that the Council may impose, such
functions of the Council, under this Act, as are necessary to enable
the Director transact the day-to-day business of the Council.
(3) The Council may appoint a Deputy Director who shall assist
the Director in the performance of the Director's functions under
this Act.
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this Act.
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(2) The Council may delegate to the Director, subject to any
specific or general conditions that the Council may impose, such
functions of the Council, under this Act, as are necessary to enable
the Director transact the day-to-day business of the Council.
(3) The Council may appoint a Deputy Director who shall assist
the Director in the performance of the Director's functions under
this Act.
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Sanitation (4) The Deputy Director shall discharge the functions of the
Director whenever there is a vacancy in the office of Director or if
the Director is absent for any other cause.
unctions of the
Director whenever there is a vacancy in the office of Director or if
the Director is absent for any other cause.
(5) The Director, or in the Director’s absence the Deputy Direc-
tor, shall attend meetings of the Council and may attend meetings
of any committee established by the Council, and may address such
meetings, but shall not vote on any matter:
Provided that the person presiding at a meeting may, for good
cause, require the Director or Deputy Director, as the case may be,
to withdraw from the meeting. (6) The provisions of paragraph 6 of the Schedule shall apply,
with the necessary modifications, to the Director and the Deputy
Director. 8. (1) There shall be a Secretary to the Council who shall be Secretary
appointed by the Council on such terms and conditions as the and other
Council shall determine. staff of
Council
(2) The Secretary shall be responsible, under the general super-
vision of the Director, for the administration of the day-to-day
affairs of the Council.
hall be responsible, under the general super-
vision of the Director, for the administration of the day-to-day
affairs of the Council.
(3) The Council may appoint, on such terms and conditions as the
Council may determine, such other staff as it considers necessary
for the performance of its functions under this Act. PART III
WATER SUPPLY AND SANITATION UTILITIES
9. (1) A local authority may resolve to establish a water supply Incorpora-
and sanitation utility as a company under the Companies Act as tion of
follows: utilities as
companies
(a) as a public or private company; Cap. 388
(b) as a joint venture with an individual or with any private or
public company;
(c) as a joint venture with another local authority or several
other local authorities:
Provided that the majority shares shall be held by the local
authority.
cal authority or several
other local authorities:
Provided that the majority shares shall be held by the local
authority.
(2) The articles of a utility incorporated in accordance with
subsection (1) shall state that the utility’s primary business is to
provide water supply and sanitation services.
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Obligation to 10. (1) Notwithstanding any other law to the contrary and
provide subject to the other provisions of this Act, a local authority shall
water supply provide water supply and sanitation services to the area falling
and sanitation under its jurisdiction, except in any area where a person provides
services such services solely for that person’s own benefit or a utility or a
service provider is providing such services.
such services solely for that person’s own benefit or a utility or a
service provider is providing such services.
(2) Notwithstanding subsection (1) and any other law to the
contrary, and subject to the other provisions of this Act, where a
local authority is unable, for whatever reason, to supply water and
sanitation services to a locality within its jurisdiction, and no such
services are being provided by any service provider, the local
authority may contract any person or other service provider to do so.
(3) A utility or service provider contracted to provide services
under subsection (2), shall have power to enforce by-laws relating
to the provision of water supply and sanitation services as may be
issued by the local authority.
PART IV
LICENSING OF UTILITIES AND SERVICE PROVIDERS
ssued by the local authority.
PART IV
LICENSING OF UTILITIES AND SERVICE PROVIDERS
Licensing of 11. (1) A utility or a service provider shall not operate except in
utilities and accordance with this Act and under the authority of a licence issued
service under this Act.
providers
(2) Subsection (1) shall not apply to a person who provides
water supply or sanitation services solely for that person’s own use.
Application 12. (1) A person may apply to the Council for a licence to
for licence operate a utility or to be a service provider.
lication 12. (1) A person may apply to the Council for a licence to
for licence operate a utility or to be a service provider.
(2) An application under subsection (1) shall—
(a) be accompanied by a prescribed fee;
(b) be in such form as may be prescribed by the Minister, by
statutory instrument; and
(c) specify the following—
(i) the name of the utility or service provider;
(ii) the principal place of business of the utility or
service provider;
(iii) the shareholders in the utility or the owners or
shareholders of the service provider;
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eholders of the service provider;
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(2) An application under subsection (1) shall—
(a) be accompanied by a prescribed fee;
(b) be in such form as may be prescribed by the Minister, by
statutory instrument; and
(c) specify the following—
(i) the name of the utility or service provider;
(ii) the principal place of business of the utility or
service provider;
(iii) the shareholders in the utility or the owners or
shareholders of the service provider;
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the utility or service provider;
(v) the type of water supply or sanitation facilities to
be provided and used;
(vi) the short and long term plans of the utility or
service provider outlining—
A.
be provided and used;
(vi) the short and long term plans of the utility or
service provider outlining—
A.
plans for the provision of an efficient,
affordable and sustainable water sup-
ply or sanitation service;
B. performance targets; and
C. financial and infrastructural improvements;
and
(vii) any other details as the Minister may, by statu-
tory instrument, prescribe on the advice of the
Council. 13. The Council shall, within sixty days of receipt of an Issue of
application for a licence under section twelve, issue a licence
subject to any condition specified under section sixteen, if—
(a) the application is in accordance with the provisions of this
Act; and
(b) the water supply or sanitation services to be provided do
not contravene any laws and regulations in force in
Zambia.
(b) the water supply or sanitation services to be provided do
not contravene any laws and regulations in force in
Zambia.
(2) Subject to section sixteen a licence issued under this section
shall be valid for a minimum period of ten years and shall be
renewed for a like period if the applicant has been complying with
the provisions of this Act and on payment of a fee prescribed by the
Minister, by statutory instrument.
14. (1) Where the Council is not satisfied with an application Refusal to
for a licence, as not being in accordance with this Part, it shall, issue licence
within sixty days from receipt of the application, refuse to issue the
licence to the utility or service provider.
(2) A decision of the Council rejecting an application shall be
accompanied by the reasons for the rejection.
15. Any applicant for a licence who is aggrieved by a decision Appeal from
of the Council made under section fourteen may appeal to the decision of
Minister, subject to a further appeal to the High Court. Council
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Minister, subject to a further appeal to the High Court. Council
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16. A utility or service provider issued with a licence under
Conditions section thirteen shall—
of licence
(a) construct and maintain water supply service lines and
where necessary, according to its licence, sewer systems
to the boundary of a consumer’s property:
(b) operate in accordance with the plans submitted under
subsection (2) of section twelve;
(c) comply with the general directives issued by the Council
in the exercise of its functions under section five;
eral directives issued by the Council
in the exercise of its functions under section five;
(d) keep a record of its water or sanitation services in a form
specified by the Council and submit the record to the
Council every year from the commencement of the
licence; and
(e) comply with any other condition which the Council shall
consider relevant for the proper operation of the utility
or service provider.
17. (1) Where the holder of a licence is unable to commence
Failure to operations within twelve months from the date of issue of a licence
commence under this Part, the holder of such licence shall, forthwith, notify the
operations Council of such failure giving reasons thereof; and the Council
shall, if satisfied with the reasons, specify the period within which
such holder shall comply with the terms of the licence.
hall, if satisfied with the reasons, specify the period within which
such holder shall comply with the terms of the licence.
(2) Where the holder of a licence is unable to supply water or
sanitation services, in accordance with the licence, the holder of the
licence shall notify the Council, of such fact, in writing, and shall
surrender the licence to the Council.
(3) Where a period of twelve months from the date of issue of a
licence has expired without the holder of the licence supplying
water or sanitation services in accordance with the terms of the
licence and no notification has been made in accordance with this
section, the licence shall lapse and shall, subject to section twenty,
be cancelled; and the Council shall publish such information in
accordance with section twenty.
y,
be cancelled; and the Council shall publish such information in
accordance with section twenty.
18. (1) A licence shall not be transferred to a third party,
Transfer of directly or indirectly, without the prior approval of the Council but
licence such approval shall not be unreasonably withheld.
(2) Every application for approval to transfer a licence shall t
made to the Council and the Council may, within thirty days of the
application, approve the application in accordance with this Act.
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19. The Council may amend a licence on the application of the Amendment
holder of a licence— of licence
(a) where some other person has succeeded to the interest in
the business enterprise belonging to the holder of the
licence, by substituting for the name of the holder the
name of the successor;
(b) where the name of the business enterprise is altered, by
substituting the name so altered; or
holder the
name of the successor;
(b) where the name of the business enterprise is altered, by
substituting the name so altered; or
(c) for any other reason submitted by the applicant of the
licence which the Council may consider to be necessary
for the improvement of the provision of water supply or
sanitation services.
20. (1) Where the Council is satisfied that a utility or service Enforcement
provider is contravening or is likely to contravene any provision of notices
this Act, or directive issued by the Council in the exercise of its
functions under section five or any other condition of the licence, the
Council shall serve an enforcement notice on that utility or service
provider.
(2) An enforcement notice issued under subsection (1) shall—
(a) state the contravention or the likely contravention of the
Act, directive or any other condition of the licence and
the matters constituting the contravention or making it
likely that the contravention will arise;
(b) specify the steps that have to be taken to remedy the
contravention or avoid the contravention, as the case
may be; and
(b) specify the steps that have to be taken to remedy the
contravention or avoid the contravention, as the case
may be; and
(c) specify the effective date of the notice and the time limit
within which the steps described under paragraph (b)
have to be taken.
(3) The Council shall, within seven days after serving the notice
referred to in subsection (1)—
(a) publish a copy of the notice in the Gazette;
(b) serve a copy on the local authority within whose area the
utility or service provider discharges its functions; and
(c) publicise the notice in the public media to persons likely to
be affected by it.
ervice provider discharges its functions; and
(c) publicise the notice in the public media to persons likely to
be affected by it.
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Suspension or cancella- 21. (1) Subject to the other provisions of this Act, the Council
tion of may suspend or cancel any licence if the holder of the licence—
licence
(a) obtained the licence by fraud or deliberate or negligent
submission of false information;
(b) transfers or otherwise assigns a licence without the prior
approval of the Council;
(c) contravenes this Act or any terms and conditions of the
licence;
(d) fails, without reasonable cause, to comply with an enforce-
ment notice issued under section twenty; or
(e) fails, without reasonable cause, to provide the water supply
or sanitation services within the time stipulated under
this Act.
r supply
or sanitation services within the time stipulated under
this Act.
(2) The Council shall, before suspending or cancelling a licence
in accordance with subsection (1), give its written notice to the
holder of the licence of its intention to suspend or cancel the licence
and specify the grounds for the suspension or cancellation and
require the utility or service provider to show cause, within a period
of not more than thirty days, why the licence should not be
suspended or cancelled.
(3) The Council shall not suspend or cancel a licence, under this
section, if the holder of the licence takes remedial measures, to the
satisfaction of the Council, within the period of thirty days referred
to in subsection (2).
s, to the
satisfaction of the Council, within the period of thirty days referred
to in subsection (2).
(4) If the holder of a licence, notified under subsection (2), fails
to show cause, to the satisfaction of the Council or does not take
remedial measures to the satisfaction of the Council, within the time
specified in that subsection, the Council may suspend or cancel the
licence.
(5) Notwithstanding any other provisions of this Act, where a
licence has been suspended or cancelled the Minister responsible
for local government may, in the national interest after giving the
proprietor an opportunity of being heard, direct that the utility or
service provider be operated under the management and control of
a competent person (in this section referred to as the " statutory
manager ").
(6) A statutory manager shall be appointed by the Minister for
such period and upon such terms and conditions as the Minister
thinks fit.
pointed by the Minister for
such period and upon such terms and conditions as the Minister
thinks fit.
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(7) The Statutory manager shall, during the statutory manager's term of appointment, keep the Minister informed on all matters relating to the utility or service provider under the statutory manager's control.
(8) Any expenses connected with the appointment of a statutory manager and the management of a utility or service provider by the statutory manager shall be a charge on the revenues of the utility or service provider to which the statutory manager is appointed.
(9) Notwithstanding the provisions of subsections (5), (6), (7) and (8), the suspension or cancellation of a licence and the appointment of a statutory manager, under this section, shall not prejudice or affect the security of any debenture holder or mortgage or the right of enforcing such security.
(10) Any person who is aggrieved by any decision of the Council under this section may appeal to the Minister, subject to a further appeal to the High Court.
y person who is aggrieved by any decision of the Council under this section may appeal to the Minister, subject to a further appeal to the High Court.
22. The Council shall keep a register of utilities and service providers issued with licences under this Part and shall, at least once every year, publish a list of all utilities and service providers holding a licence under this Act.
PART V
POWERS OF UTILITIES OR SERVICE PROVIDERS
23. (1) The President may, by order, compulsorily acquire so much land, including State Land, as the President may consider necessary for any purpose associated with the provision of water supply or sanitation services by a utility or service provider and any acquisition in terms of this section shall be completed in accordance with such directions as the President may give in that or any other order.
(2) Before making an order under subsection (1), the President shall be satisfied that—
(a) the utility or service provider has taken all reasonable steps to acquire the land intended to be used, on reasonable terms, by agreement with the owner of the land and has been unable to do so; and
(b) the acquisition of such land is necessary for the purposes of the utility or service provider.
er of the land and has been unable to do so; and
(b) the acquisition of such land is necessary for the purposes of the utility or service provider.
(3) The President may, under such conditions as the President may consider necessary including conditions requiring the
Register of utilities and service providers
Acquisition of land for water supply or sanitation purposes
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reimbursement of compensation paid under subsection (4), permit
the use by the utility or serve provider of any land which the
President has acquired under subsection (1):
Provided that—
(a) the land shall not be used by the utility or service provider
for any purpose other than the purpose for which it was
acquired under subsection (1); and
(b) the land or such part of it as the President may determine
shall revert to the use and absolute control of the Presi-
dent, as vested under the Lands Act, if it or any part of
it is not used for any purpose for which it was acquired
under subsection (1).
Cap. 184
if it or any part of
it is not used for any purpose for which it was acquired
under subsection (1).
Cap. 184
(4) Adequate compensation, in accordance with the provisions
of the Lands Acquisition Act, shall, from moneys appropriated for
the purpose by Parliament, be paid to any person who suffers loss
or damage through the exercise of the powers conferred by this
section.
Cap. 189
(5) If the owner of, or any person lawfully occupying any land
to be acquired under this section is temporarily absent from Zambia
at the time when an order is made, any person authorised by the
President, so to act, may enter upon, take possession of, and use,
such land, leaving all questions as to the compensation to be paid for
such land to be settled thereafter in accordance with subsection (4).
(6) Where any rights over land have been acquired by the utility
or service provider, whether by agreement or under this Part, then,
notwithstanding the fact that those rights may not have been
registered against the title to the land to which they relate in
accordance with the written law relating to registration of title, those
rights shall be binding on the owner of such land and on the
successor in title or representative in interest.
ating to registration of title, those
rights shall be binding on the owner of such land and on the
successor in title or representative in interest.
Powers to
execute
works and
consultation
by developer
24. (1) Subject to any other law relating to planning permission
or land use management, a utility or service provider may construct
any facility within or outside its area.
(2) A local authority or a private or public development agency
shall consult a utility or service provider before any change in land
use or zoning is approved by the responsible authority, and before
any consent is given for any new development.
(3) A utility or service provider and a local authority in its
service area shall establish procedures for adequate consultation to
be carried out for developmental planning or for implementing
physical works.
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pmental planning or for implementing
physical works.
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Powers to
execute
works and
consultation
by developer
24. (1) Subject to any other law relating to planning permission
or land use management, a utility or service provider may construct
any facility within or outside its area.
(2) A local authority or a private or public development agency
shall consult a utility or service provider before any change in land
use or zoning is approved by the responsible authority, and before
any consent is given for any new development.
(3) A utility or service provider and a local authority in its
service area shall establish procedures for adequate consultation to
be carried out for developmental planning or for implementing
physical works.
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Water Supply and [No. 28 of 1997 255
Sanitation 25.
implementing
physical works.
[Page 16]
Water Supply and [No. 28 of 1997 255
Sanitation 25.
(1) Where a utility or service provider has acquired the right
Power to cut to place or replace facilities across, under, or along any street or has
into streets so placed facilities in accordance with this Act or any other law
relating to water supply or sanitation services, that utility or service
provider may break up any street in respect of which such rights
have been acquired and may, from time to time, repair, alter, or
remove any such facility.
pect of which such rights
have been acquired and may, from time to time, repair, alter, or
remove any such facility.
(2) Before exercising any power conferred by this section, the
utility or service provider shall give to the local authority or other
authority concerned such notice, in writing, as the utility or service
provider may require to complete any works to be undertaken, not
exceeding twenty-eight days, of its intention to do so, except in
cases of emergency, when the utility or service provider shall as
soon as possible after the emergency has arisen give notice thereof
to that authority and shall likewise give notice to the owner of
telephone cables, or other installations likely to be affected by the
exercise of such power.
notice to the owner of
telephone cables, or other installations likely to be affected by the
exercise of such power.
(3) Except in cases of emergency, the powers conferred by this
section shall be exercised under the supervision of the local or other
authority concerned or, if any difference arises respecting the
specification, plan or route, as may be approved by the Minister:
Provided that, if the authority concerned fails to exercise the
powers of supervision, herein conferred, after such notice has been
given, the utility or service provider may exercise those powers
without such supervision.
fter such notice has been
given, the utility or service provider may exercise those powers
without such supervision.
(4) Whenever the utility or service provider carries out any work
authorised under this section, the utility or service provider shall
comply with the by-laws and regulations of the local or other
authority concerned, and shall complete that work with reasonable
despatch, and shall reinstate and make good the street opened or
broken up and removed the refuse occasioned thereby, and shall,
while the street is opened or broken up or obstructed, cause the
works to be at all times fenced and guarded and to be lit during the
night.
(5) If the utility or service provider fails to carry out any duty
imposed by subsection (4), the local authority or other authority
concerned may cause any work, delayed or omitted, to be executed
at the expense of the utility or service provider.
concerned may cause any work, delayed or omitted, to be executed
at the expense of the utility or service provider.
(6) The utility or service provider shall pay the local authority or
other authority concerned any costs reasonably and necessarily
incurred by it in exercising any necessary supervision under this
section, or in reinstating and making good any street opened or
broken up by the utility or service provider.
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Powers to
reduce levels
of service 26. (1) In the event of any shortfall in the supply of water due
to climatic conditions or natural or other disaster outside the control
of the utility or service provider or during maintenance of facilities,
a utility or service provider may—
(a) ration supplies;
(b) restrict hours of supply;
(c) terminate supplies to non-essential users and non-essential
uses;
(d) levy additional consumption charges for non-essential
water consumption to reduce water use; or
(e) otherwise modify their normal operating procedures.
(2) Any modification of normal operating procedures by a
utility or service provider under paragraph (e) of subsection (1)
shall be—
(a) designed as far as possible to safeguard public health and
to maintain commercial and industrial activities, in that
order of priority; and
(b) notified to the Council.
trial activities, in that
order of priority; and
(b) notified to the Council.
(3) A utility or service provider shall, before doing anything
specified in subsection (1), give adequate notice to the users and any
user so notified shall not be entitled to compensation for inconve-
nience or loss of profit.
Powers to 27. (1) A utility or service provider may, subject to the other
establish and provisions of this section, establish easements in order to ensure that
maintain any new development immediately adjacent to its facilities, both
easements above and below the ground, is such that there is no threat to those
facilities.
(2) Before establishing any easement under subsection (1), the
utility or service provider shall serve on the owner of the land and
any person lawfully occupying it a notice of intention to establish
the easement and the description of the path and the nature of the
easement:
Provided that if the owner or such person is not resident, or has
no representative, within Zambia, service of such notice shall not be
necessary.
hat if the owner or such person is not resident, or has
no representative, within Zambia, service of such notice shall not be
necessary.
(3) If, within twenty-eight days after the service of a notice
under subsection (2), the person to whom such notice has been given
objects, or attaches to the consent any terms or conditions to which
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I'm sorry, I can't assist with that.
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258 No. 28 of 1997] Water Supply and
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(3) Any facilities which are no longer in use after the connec-
tions referred to in subsection (2) shall be closed off and left in a safe
condition by the utility or service provider.
31. (1) No person shall—
Prohibition
of certain (a) without authority, enter upon property vested in the utility
activities
relating to or service provider, or interfere in any way with its
facilities facilities;
(b) make any unauthorised connection to any water transmis-
sion and distribution pipe;
(c) without authority, interfere with any house connection or
water meter; or
n and distribution pipe;
(c) without authority, interfere with any house connection or
water meter; or
(d) make any unauthorised connection to any sanitary sewer
or without authority, discharge liquid or solid matter into
any sewer system.
(2) Any person who contravenes this section shall be guilty of an
offence and shall be liable, upon conviction, to a fine not exceeding
five thousand penalty units, or to imprisonment for a term not
exceeding one year, or to both.
(3) Any disconnection of any unauthorised connection to any
facility shall be at the cost of the owner, and any associated damage
or loss shall not be compensated.
Rights over 32. (1) Where a water supply or sanitation appliance or instal-
private lation on private property malfunctions and interferes or is likely to
faclites interfere with the proper functioning of any system of a utility or
service provider, and may be a threat to public safety, health, or
service delivery, the utility or service provider shall notify the
owner of the property to rectify the situation.
threat to public safety, health, or
service delivery, the utility or service provider shall notify the
owner of the property to rectify the situation.
(2) If the owner of the property referred to in subsection (1) does
not comply with the notice within the time specified by the utility
or service provider, a representative or contractor of that utility or
service provider may enter onto the private property and remedy the
problem at the owner's expense.
(3) Any person authorised in writing by a utility or service
provider may, at any reasonable time and for purposes connected
with the functions of a utility or service provider, enter any premises
on which there are facilities, to—
(a) inspect the facilities in order to ascertain whether there is
any waste leakage, obstruction or damage to any facility
or meter therein;
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Water Supply and [No. 28 of 1997 259
Sanitation
(b) regulate, repair or alter any facility or meter;
(c) ascertain the amount of water used; or
(d) disconnect the supply of water to any premises or to
diminish, withhold, suspend, stop, turn off or divert the
supply of water to any premises.
e supply of water to any premises or to
diminish, withhold, suspend, stop, turn off or divert the
supply of water to any premises.
PART VI
INSPECTIONS
33. (1) The Council shall appoint inspectors to monitor, inspect Appointment
and enforce the provisions of this Act. of inspectors
(2) The Secretary shall issue an identity card to each inspector.
nforce the provisions of this Act. of inspectors
(2) The Secretary shall issue an identity card to each inspector.
34. (1) An inspector shall have power, on production of an Powers of
identity card issued to the inspector under subsection (2) of section inspectors
thirty-three, to inspect the premises and records of utility or service
provider licenced under this Act in order to ensure that the provi-
sions of this Act are being complied with.
(2) An inspector may order any person in charge to produce for
inspection or for purposes of obtaining copies or extracts, any
books, documents or records relevant to the administration of this
Act.
(3) An inspector shall ensure that adequate arrangements for the
provision of water supply or sanitation services are being provided
in accordance with this Act.
(4) Any person who obstructs an inspector, appointed under
subsection (1) of section thirty-three, in the exercise of that inspector's
duty under this Part shall be guilty of an offence and shall be liable
upon conviction, to a fine not exceeding five thousand penalty units
or to imprisonment for a term not exceeding one year, or to both.
shall be liable
upon conviction, to a fine not exceeding five thousand penalty units
or to imprisonment for a term not exceeding one year, or to both.
35. Each inspector shall furnish the Council with such reports Duty of
and other information relating to an inspection as the Council may inspector to
direct. report to
Council
PART VII
MISCELLANEOUS
36. A person aggrieved with any decision of the Council, or the Appeals
Minister, as the case may be, where such appeal is not specifically
provided under any other provision, may appeal to the High Court
within forty-five days after the date of receipt of the decision.
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260 No. 28 of 1997] Water Supply and
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Monetary
penalties 37. (1) Subject to the approval of the Council, a utility or
service provider may impose monetary penalties for late payment
or non-payment of any tariffs, charges or fees.
service provider may impose monetary penalties for late payment
or non-payment of any tariffs, charges or fees.
(2) Where one or more users of a common water service
connection are in default, the utility shall separate the common
connections, and add the cost of separating such connections to the
defaulting party or where two or more defaulting parties are
involved, in proportion to the amounts due to the utility or service
provider.
General 38. Any person who contravenes any provision for which a
penalty penalty has not been provided for under this Act. shall be liable,
upon conviction, to a fine not exceeding six thousand penalty units
or to imprisonment for a period of three years, or to both.
Regulations 39. (1) The Minister may, by statutory instrument, make regu-
and by-laws lations for the better carrying out of the provisions of this Act.
(1) The Minister may, by statutory instrument, make regu-
and by-laws lations for the better carrying out of the provisions of this Act.
(2) A local authority may make by-laws to ensure that the
provision of water supply or sanitation services in its area are in
accordance with this Act and to ensure enforcement thereof.
Transitional 40. (1) Any local authority, company or business enterprise
provisions existing at the commencement of this Act which is involved in the
provision of water supply or sanitation services shall apply for a
licence under this Act within six months after the commencement
of this Act.
(2) The Minister shall, by statutory instrument, provide for the
transfer of assets relating to, and liabilities incurred as a result of, the
provision of water supply and sanitation services, of a local author-
ity to a utility formed in accordance with this Act.
vision of water supply and sanitation services, of a local author-
ity to a utility formed in accordance with this Act.
SCHEDULE
(Section 3)
PART I
The National Water Supply and Sanitation Council
Seal of 1. (1) The seal of the Council shall be such device as may be
Council determined by the Council and shall be kept by the Secretary.
(2) The affixing of the seal shall be authenticated by the Chair-
person or the Vice-Chairperson and the Secretary or any other
person authorised in that behalf by a resolution of the Council.
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Water Supply and [No. 28 of 1997 261
Sanitation.
(3) Any document purporting to be a document under the seal of
the Council or issued on behalf of the Council shall be received in
evidence and shall be deemed to be so executed or issued, as the case
may be, without further proof unless the contrary is proved.
e received in
evidence and shall be deemed to be so executed or issued, as the case
may be, without further proof unless the contrary is proved.
SCHEDULE
(Section 3)
PART I
The National Water Supply and Sanitation Council
Seal of 1. (1) The seal of the Council shall be such device as may be
Council determined by the Council and shall be kept by the Secretary.
(2) The affixing of the seal shall be authenticated by the Chair-
person or the Vice-Chairperson and the Secretary or any other
person authorised in that behalf by a resolution of the Council.
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Water Supply and [No. 28 of 1997 261
Sanitation.
(3) Any document purporting to be a document under the seal of
the Council or issued on behalf of the Council shall be received in
evidence and shall be deemed to be so executed or issued, as the case
may be, without further proof unless the contrary is proved. 2.
ved in
evidence and shall be deemed to be so executed or issued, as the case
may be, without further proof unless the contrary is proved. 2.
(1) The Council shall consist of the following members
appointed by the Minister—
(a) a representative of the Environmental Council of Zambia;
(b) a representative of the Zambia Chambers of Commerce
and Industry;
(c) a representative of the Association of Consulting Engi-
neers of Zambia;
(d) a representative of the Consumer Protective Association of
Zambia;
(e) a representative of the Local Government Association of
Zambia;
(f) a representative of the Economics Association of Zambia;
(g) a representative from the Ministry responsible for water
resources;
(h) a representative from the Ministry responsible for legal
affairs;
(i) a representative from the Ministry responsible for local
government administration and water supply and sanita-
tion;
(j) a representative from the Ministry responsible for commu-
nity development;
(k) a representative from the Ministry responsible for health;
(l) a representative from the Ministry responsible for national
development planning;
(m) a representative of the Water Board;
(n) a representative of the Zambia Competition Commission;
and
(o) two members of the public who in the opinion of the
Minister are of good standing.
ia Competition Commission;
and
(o) two members of the public who in the opinion of the
Minister are of good standing.
(2) The Minister may reject a nomination by a Ministry or
organisation made under subsection (1) and may direct that Minis-
try or organisation to nominate another representative in that
member’s stead.
(3) The Chairperson and Vice-Chairperson shall be elected by
the Council from amongst its members.
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262 No. 28 of 1997] Water Supply and
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(4) Where any member, is unable to attend any meeting, that
member's Ministry or organisation, as the case may be, may in
writing nominate another person to attend in that member's stead
and such person shall be deemed to be a member for the purposes
of the meeting.
3. (1) A member shall hold office for a period of three years and
Tenure of may be re-appointed for a further period of three years.
office and
vacancies (2) Any member, may resign upon giving one month's notice to
the Ministry or organisation which that member represents and to
the Council and may be removed by the Minister at any time.
(3) The office of a member shall become vacant on—
d to
the Council and may be removed by the Minister at any time.
(3) The office of a member shall become vacant on—
(a) the death of the member;
(b) being declared to be of unsound mind;
(c) being declared a bankrupt;
(d) being convicted of an offence involving dishonesty;
(e) being sentenced to imprisonment for a period exceeding
six months;
(f) resignation or being removed under subparagraph (2);
(g) the member ceasing to hold the office by virtue of which
the member was appointed to the Council; and
(h) being absent without reasonable cause from three consecu-
tive meetings of the Council of which the member has
had notice.
(4) If the office of a member falls vacant, a new member may be
appointed, but that member shall hold office only for the unexpired
part of the term.
Procedings 4. (1) Subject to the other provisions of this Act, the Council
of Council may regulate its own procedure.
part of the term.
Procedings 4. (1) Subject to the other provisions of this Act, the Council
of Council may regulate its own procedure.
(2) The Council shall meet for the transaction of its business at
least once in every three months at such places and times as the
Chairperson may determine, but the first meeting of the Council
shall be called by the Minister not later than one month after the
commencement of this Act.
(3) Upon giving notice of not less than fourteen days, a meeting
of the Council may be called by the Chairperson, and shall be called
if not less than seven members so request in writing:
Provided that if the urgency of any particular matter does not
permit the giving of such notice, a special meeting may be called
upon giving a shorter notice.
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Water Supply and
Sanitation [No. 28 of 1997 263
(4) A quorum at a meeting of the Council shall be seven
members.
(5) There shall preside at any meeting of the Council—
(a) the Chairperson;
(b) in the absence of the Chairperson, the Vice-Chairperson; or
bers.
(5) There shall preside at any meeting of the Council—
(a) the Chairperson;
(b) in the absence of the Chairperson, the Vice-Chairperson; or
(c) in the absence of both the Chairperson and the Vice-
Chairperson, such member as the members present shall
elect for purpose of that meeting.
(6) A decision of the Council on any question shall be by a
majority of the members present and voting at the meeting and, in
the event of an equality of votes, the person presiding at the meeting
shall have a casting vote in addition to the deliberative vote.
(7) The Council may invite any person whose presence is in its
opinion, desirable to attend and participate in the deliberations of a
meeting but that person shall have no vote.
(8) The validity of any proceedings, act or decision of the
Council shall not be affected by any vacancy in its membership or
by any defect in the appointment of any member or because any
person not entitled to do so took part in the proceedings.
(9) The Council shall cause to be kept minutes of the proceed-
ings of every meeting of the Council and of every meeting of any
committee constituted by the Council.
hall cause to be kept minutes of the proceed-
ings of every meeting of the Council and of every meeting of any
committee constituted by the Council.
5. (1) The Council may for the purpose of performing its
functions under this Act constitute any committee, the Chairperson
of which shall be a member of the Council, and may delegate to that
committee any of its functions.
(2) The Council may appoint as members of a committee
established under subsection (1), persons who are or are not
members of the Council and such persons shall hold office for such
period as the Council may determine:
Provided that at least half of the members of a committee shall be
members of the Council. Committees
of Council
(3) Subject to any specific or general directions of the Council
any committee established under subsection (1), may regulate its
own procedure.
cil
(3) Subject to any specific or general directions of the Council
any committee established under subsection (1), may regulate its
own procedure.
6. (1) If any person is present at a meeting of the Council or a
committee at which any matter, in which that person or any member
of their immediate family is directly or indirectly interested in a
private capacity, is the subject of consideration, that person shall, as
soon as is practicable after the commencement of the meeting,
disclose that interest and shall not, unless the Council or the
committee otherwise directs, take part in any consideration or
discussion of, or vote on any question relating to that matter.
Disclosure of
interest
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264 No. 28 of 1997] Water Supply and
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(2) A disclosure of interest made under this section shall be
recorded in the minutes of the meeting at which it is made.
(3) A person who contravenes subsection (1) shall be guilty of
an offence and shall be liable, upon conviction, to a fine not
exceeding one thousand penalty units.
who contravenes subsection (1) shall be guilty of
an offence and shall be liable, upon conviction, to a fine not
exceeding one thousand penalty units.
Prohibition 7. (1) A person shall not, without the consent in writing given
of publica- by or on behalf of the Council, publish or disclose to any person,
tion or otherwise than in the course of that person's duties, the contents of
disclosure of any document, communication or information whatsoever which
information relates to, and which has come to that person's knowledge in the
to course of, that person's duties under this Act.
unauthorised
persons (2) Any person who contravenes subsection (1) shall be guilty
of an offence and shall be liable, upon conviction, to a fine not
exceeding fifty thousand penalty units, or to imprisonment for a
term not exceeding five years, or to both.
(3) If any person having information which to that person's
knowledge has been published or disclosed in contravention of
subsection (1), unlawfully publishes or communicates any such
information to any other person, that person shall be liable, upon
conviction, to a fine not exceeding fifty thousand penalty units, or
to imprisonment for a term not exceeding five years, or to both.
be liable, upon
conviction, to a fine not exceeding fifty thousand penalty units, or
to imprisonment for a term not exceeding five years, or to both.
Remunera- 8. There shall be paid to a member of the Council or a
tion and committee such remuneration or allowances as the Council may
allowances determine.
PART II
FUNDS OF COUNCIL
Funds of 9. (1) The funds of the Council shall consist of such monies as
Council may—
(a) be appropriated by Parliament for the purposes of the
Council;
(b) be paid to the Council by way of fees, grants or donations;
and
(c) otherwise vest in or accrue to the Council.
(2) The Council may—
(a) accept monies by way of grants or donations from any
source in Zambia and, subject to the approval of the
Minister, from any source outside Zambia;
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