Water Supply and Sanitation (Amendment) Act, 2005 (No. 10 of 2005)

Water Supply and Sanitation (Amendment), 2005 GOVERNMENT OF ZAMBIA ACT No. 10 of 2005 Date of Assent: 25th April, 2005 [No.IO of2005 47 An Act to amend the Water Snpply and Sanitation Act. [17th May, 2005 ENACTED by the Parliament of Zambia Enactment 1. This Act may be cited as the Water Supply and Sanitation Short title (Amendment) Act, 2005, and shall be read as one with the Water Act No. 28 of Supply and Sanitation Act, 1997, in this Act referred to as the 1997 principal Act. 2. Section eleven of the principal Act is amended by the Amendment insertion after subsection (2) of the following new subsections: of section 11 (3) Anyperson, utilityorservice providerwho contravenes subsection(!) commits an offence and shall be liable, upon conviction, to a fine not exceeding thirty thousand penalty units or to imprisonment for a term not exceeding three years, or to both. (4) Where­ (a) a utility; or (b) a service provider which is a local authority or a corporation; contravenes subsection (1) every person who is a director of the utility or service provider or who is concerned with the management of the utility or service provider shall be deemed to have committed the same offence and shall be liable, upon conviction, to a fine not exceeding thirty thousand penalty units or to imprisonment for a term not exceeding three years, orto both: Single Copies oftlzis Act may be obtained from the Government Printer, P.O. Box 30136, 10100, Lusaka. Price Kl,500 each. 48 No. 10 of 2005) Water Supply and Sanitation (Amendment), 2005 Amendment of section 15 Provided that where a director or person concerned in the management of the utility or service provider can show (a) that the act constituting the offence was done without the director's or person's !mow ledge; or (b) that the director or person took reasonable steps to prevent the offence from being committed; that director or person shall not be liable for the offence. 3. Section.fifteen of the principal Act is amended by (a) the renumbering of the paragraph in section fifteen as subsection (1 ); and (b) the insertion immediately after subsection (1) of the following new subsections: (2)Where an appeal is made undersubsection (!) the Minister may give such directions to the Council as the Minister considers necessary to enable the Minister to determine the appeal. (3)The Minister shall determine any appeal made under subsection (I) within forty-five days from the date on which the appeal is lodged. (4)The Minister in determining the appeal may confirm, vary or set aside the decision of the Council. Amendment 4. Section eighteen of the principal Act is ·amended by the of section 18 insertion immediately after subsection (2) of the foJlowing new subsections: (3) Any person, utilityor service providerwho contravenes subsection (1) commits an offence and shall be liable, upon conviction, to a fine not exceeding thirty thousand penalty units or to imprisonment for a term not exceeding three years, or to both. (4) Where­ (a) a utility; or (b) a service provider which is a local authority or a corporation; contravenes subsection(!) every person who is a director of the utility or service provider or who is concerned with the management of the utility or service provider shall be deemed to have committed the same offence and shall be liable, upon conviction, to a fine not exceeding thirty thousand penalty units or to imprisonment for a term not exceeding three years, or to both: Water Supply and Sanitation (Amendment), 2005 [No.10 of2005 49 Provided that where a director or person concerned in the management of the utility or service provider can show (a) that the act constituting the offence was done without the director's or person's !mow ledge; or (b) that the director or person took reasonable steps to prevent the offence from being committed; that director or person shall not be liable for the offence. 5. Section twenty-one of the principal Act is amended by the Amendment insertion immediately after subsection (10) of the following new of section 21 subsections: (11) Where an appeal is made under subsection (10) the Minister may give such directions to the Council as the Minister considers necessary to enable the Minister to determine the appeal. (12) The Minister shall determine any appeal made under subsection (I 0) within forty-five days from the date on which the appeal is lodged. (13) The Minister in determining the appeal may confirm, vary or set aside the decision of the Council. 6. Section thirty-one of the principal Act is amended by the Amendment deletion of subsection (2) and the substitution therefor of the of section 31 following: (2) Any person who contravenes (a) paragraph (a) of subsection (!) commits on offence and shall be liable, on conviction, to a fine not exceeding one hundred thousand penalty units, or to imprisonment for a term not exceeding five years, or to both; or (b) paragraph (b), (c) and (d) of subsection(!) commits an offence and shall be liable, on conviction, to a fine not exceeding twenty thousand penalty units, or to imprisonment for a term not exceeding three years, or to both. 7. Section thirty-four of the principal Act is amended in Amendment subsection ( 4) by the deletion of the words" five thousand penalty of section 34 units " after the words " not exceeding " and the substitution therefor of the words" ten thousand penalty units". 50 No. 10 of 2005] Water Supply and Sanitation (Amendment), 2005 Amendment of section 38 Amendment of Schedule 8. Section thirty-eight of the principal Act is amended by the deletion of the words" six thousand penalty units" after the words "not exceeding" and the substitution therefor of the words" ten thousand penalty units". 9. The Schedule to the principal Act is amended (a) in paragraph 2 (i) by the deletion of subparagraph (I), and the substitution therefor of the following: ( 1) The Council shall consist of the following part-time members appointed by the Minister: (a) a representative of the Consumer Protective Association of Zambia; (b) a representative of the Zambia Chambers of Commerce and Industry; (c) a representative of an association whose membership consists of water sector professionals; (d) a representative of a private sector institution concerned with public health; (e) a representative of the Ministry responsible for water resources; (/) a representative of the Ministry responsible for local government and housing; and (g) a representative of the Attorney­ General. (ii) by the insertion immediately after subparagraph (1) of the following new subparagraph: . (2) A person shall not. be appointed as a member of the Council if the per$On (a) is a director or board member of a utility or service provider; or (b) is concerned with the management of a utility or service provider.; and Water Supply and Sanitation [No. IO of2005 51 · (Amendment), 2005 (fu) by the renumbering ofsubparagraphs (2), (3), and (4) as subparagraphs (3), (4), and (5) respectively; and (b) in subparagraph (4) of paragraph 4 by the deletion of the words" seven members" and the substitution therefor of tbe words " four members ".