Water Laws (Miscellaneous Amendments) Act 1997 (Act No. 8 of 1997)

No.8 Water Utilization (Miscellaneous Amendments) nm UNITED REPUBLIC OP TANZANIA NO.8 OF 1997 1997 I ASSENT, BENJAMIN W. MKAPA. Preside," 4th April, 1997 An Act to amend Certain Written Laws pertaining to water. r ] ENACfED by the Parliament of the United Republic of Tanzania. PART I PRELIMINARY PROVISIONS 1. This Act may be cited as the Water Laws (Miscellaneous Amend- Short title ments) Act, 1997, and shall come into operation on the date as the and com Minister may by notice in the Gazette appoint. mence-ment PART II AMENDMENT OFNATIONAL URBAN WATER AUTHORITY ACT, 1981 2. This Part shall be read as one with the National Urban Water Authority Act, 1981, in this Part referred to as "the principal Act". 3. The principal Act is amended by deleting the short title and sub­ stituting for it the following' new title "Dar es Salaam Water and Sewerage Authority Act, 1981." 4. Section 3 is amended (a) by inserting the following new definitions "Act" means the Dar es Salaam Water and Sewerage Authority, Act, 1981; 187 Amend­ ment of National Urban Water Authority Act Substitu tion of long title Amend­ ment of defini­ tions No.8 Water Utilization (Miscellaneous Amendments) 1997 Amend­ ment of Section 4 Amend­ ment of SectIon S Repeal and re­ pl;KCment ofs.6(I) Repealed and re­ placement ofs.7 "Authority", "Board" and "town" and substituting for them the following definitions respectively "Authority" means the Dar es Salaam Water and Sewerage Authority established by section 4(1); "Board" means the Board of Directors of the Dar es Salaam Water and Sewerage Authority established under section 6(1); "town or towns" means the area of jurisdiction of Dar es Salaam City and Coast Region; (b) by deleting the words "specified town" wherever it appears in the Act. 5. Section 4 is amended by repealing subsection (1) and replacing it with the following provision "(I) There is established an authority to be known as the Dar es Salaam Water and Sewerage Authority." 6. Section 5 is amended by adding the following new paragraphs immediately after paragraphs (i)~ "(k) to construct and maintain sewerage disposal works on any public and or land acquired or lawfully appropriated for that purposes"; "(I) to construct and maintain a public sewer in, on, under or over any street or under or through any cellar or vault below any street". 7•. Section 6 is amended by repealing subsection (I) and replacing it with the following: 6 (1) There shall be established a Board of Directors of the Dar es Salaam Water and Sewerage Authority which shalls subject to this Act, be responsible for carrying out the functions and managingthe business and affairs of the Authority" 8. Section 7 is. repealed and replaced as follows­ "7-Powers of the Board shall be (a) ·to approve any individual capital work for the purpose of the Authority; (b) to establish committees from among its members for the purposes of the Authority, and delegate functions to any of those committees; (c) to consider legislative proposals relating to sewerage and water supply and recommend their enactment to the Minister; (d) subject to section 27, to provide services or facilities relating to water supply requested by the Govern­ ment, town authority or town authorities in areas boarding towns; 188 No.8 Water Utilization (Miscellaneous Amendments) 1997 (e) to give directions to the Director-s-General: (f) to approve alterations in water tariffs and other charges made for the services provided by the Dar es Salaam Water and Sewerage Authority. 9. Section 8 is repealed and replaced by the following: "8-The Minister shall be responsible for the general direc­ tionand control of the Board and may for that purpose give to the Board directions qf a general or specific nature relating to the exercise by the Board of the functions of the Authority and the" management of the business and affairs of the Author ity.' " 10. Sections 10. 11. 12. 13 and 14 are repealed. 11. Section 15 is amended (a) by repealing subsections (2) :and (3); (b) by renumbering subsection (1) as section 15. 12. Sections 16 and 17 are repealed. 13. Section 24 is amended (a) by repealing subsection (1); (b) by deleting the phrase "any specified town" which appear in subsection (2) and substituting for them the name "Dar es Salaam". (c) by inserting the figure "12" between figures "11 and 14.". 14. Section 27 is repealed and replaced as follows "27-The Authority shall operate commercially out of ser­ vices it provides to the public, and ensure that revenues of the Authority are sufficient to meet its outgoings including any debt service charges". 15. Section 31 is amended-s (a) hy repealing subsection (1); (b) by renumbering subsection (1) as "section 31". \6. Section 36 is repealed. and replaced as foJlows .,3(r-The Board may invest any part of the moneys avail­ able in any fund of the Authority and which is not for the time being required for the purposes of the business of the Authority". /8IJ Repeal and re­ placement of s.8 Repeal of sections io, 11. 12, 13and 14. Amend­ ment of section 15 Repeal of subsec tions 16 and 17 Amend­ ment of 5.24 Repeal and re­ placement of section 27 Repeal of subsec­ tion (2) Repeal and re­ plaeemem $.36 No.8 Water Utilization (Miscellaneous Amendments) 1997 Amend­ ment of section 37 Amend­ ment of s.40 Amend­ ment of s.41 Amend­ ment of s.42 Amend­ ment of ss.43, 44. 45,47,50, 52. 53. 54 and 55 17. Section 37 is ameuded (a) in subsection (4) by deleting the title "Minister" and substituting for it the title "Board of Directors"; (b) by repealing subsections (5). (6), (7) and (X). 18. Section 40 is amended by deleting the phrase" . fifteen thousand shillings" and substituting for it the phrase " two hundred thousand shillings or to imprisonment for a term not exceeding six months or to both the fine and imprisonment. " 19. Section 41 is amended by deleting the phrase "two thousand shil­ lings" and substituting for it the phrase "one hundred thousand shillings." 20. Section 42 is amended by deleting the phrase . two thousand shillings" and substituting for it the phrase" .. two hundred thousand shillings or imprisonment for a period not exceed­ ing one year or both fine and imprisonment". 21. The principal Act is further amended as follows (a) in section 43, by deleting the phrase "three hundres shillings" and substituting it with the phrase "one hundred thousand shil­ lings": (b) in section 44, by deleting the phrase "one thousand shillings" and substituting for it the phrase "fifty thousand shillings"; (c) in section 45 (i) in subsections (1) and (2). by deleting the words "twenty" and substituting for them words "two hundred"; (ii) in subsections (I) and (2). by deleting the phrase "of one hundred thousand shillings for each day during which the offence continues" and substituting for it the phrase" "not exceeding five thousand shillings"; (iii) in section 47. by deleting the phrase "five hundred shillings" and substituting for it the phrase "fifty thousand shillings"; (iv) in section 50. by deleting the phrase "with the consent of the Minister" which appears in subsection (1); (v) in section 52 (a) by deleting paragraphs (b), (c), (d). (e), (f). (g). (h). (i), (j), (k). (I). (rn), (n). (0), (p). (q) and (r) which appears in subsection (I); (b) in subsection (2) insert the word "hundred" between the words "one" and "thousand"; (vi) in section 53, by deleting paragraphs (a), (b) and (c); (vii) section 54 is repealed; and (viii) is section 55 is amended by (a) deleting paragraphs (a) and (b); and (b) by repeaJina subsection (2). /90 No.8 Water Utilization (Miscellaneous Amendments) 1997 22. The principal Act is further amended by deleting the subtitle to Part III and substituting for it a new subtitle "POWERS AND OPER­ ATIONS OF THE DAR ES SALAAM WATER AND SEWERAGE BOARD", PARr III AMENDMENT OF THE WATER UTILIZATION (CONTROL AND REGULATION) ACT. 1974 23. This Part shall be read as one with the Water Utilization (Control and Regulation) Act, 1974hereinafter referred to as the "principal Act". 24. Section 2 is amended in subsection (1) by (i) deleting the definition ofthe title "Minister" and substituting for it the following definition "Minister" means the Minister responsible for water"; (ii) by deleting the definition of the title "principal Secretary" and substituting for it the following definition "Principal Secretary" means the Principal Secretary in the Ministry responsible for water"; (iii) by deleting the phrase "not apparent on the surface of the ground" which appear in the definition of "underground water", 25. Section 3 is amended in paragraph (d) by deleting the word "municipal" , 26. Section 5 is amended by repealing and replacing subsection (1) as follows "( I)-There is established a Central Water Board consisting of a Chairman who shall be appointed by the President, and not more than ten members who shall each be appointed by the Minister from public. private. non-governmental organisations and women organisations hold­ ing qualifications in scientific technical fields of learning or who has adequate knowledge and exeperience in the public affairs of Tanzania... 27. Sections 6 and 7 are amended (a) in subsection (2) of section 6. by deleting the word "quality" and substituting for it the word "quantity"; (b) by repealing subsection (2) of section 7 and replacing it with the following "(2) There shall be established a Basin Board in respect of each water basin declared under subsection (I) and the Minister shall in the order made under subsection (I), appoint not more than ten persons to be members ofthat Basin Board; /91 Deletion and re­ placement of title to Part III Construc­ tion Amend­ ment of s,2 Amend­ ment of s.3 Repeal and re­ placement of section 5(1) Amend­ ment of 6 and 7 No.8 Water Utilization (Miscellaneous Amendments) 1997 Amend­ ment uf section 188 Amend­ ment of scttion 33 Provided that the composition of Basm Board shall not be more than ten members for bigger basins and not more than seven members for smaller basins regard being had that such members are drawn from public, private, non-governmental organisations and women organizations; Prov.ided further that the Basin Boards shall be financially and administratively autonomous." 28. Section 18B is amended by repealing subsection (3). 19. The principal Act is further amended in section 33 as follows­ (a) by deleting the phrase "one hundred thousand" and substituting for it the phrase "five hundred thousand", which appears in sub­ section (1); (b) in subsection (2), by deleting the phrase "fifty thousand" and substituting for it the phrase" two hundred and fifty thousand"; (c) in subsection (3), by deleting the phrase "fifty thousand" and substituting for it the phrase "three hundred thousand"; (d) by repealing subsection (4) and replacing for it the following "{4} Any person who pollutes the water in any river, stream or water course or in any body of surface water to such extent as to be likely to cause injury directly or indictly to public health, to livestock or fish, to crops, orchards or gardens which are irrigated by such water or to any products in the processing of which such water is used shall be guilty of an offence and liable on conviction to a fine not exceeding one million five hundred thousand shillings or to imprisonment for a term of three years or to both fine and imprisonment and in case of subsequent conviction, to a fine not exceeding two million shillings or to imprisonment not exceeding three years or to both fine and im­ prisonment and in case of continuation of the offence, to an additional fine not exceeding fifty thousand shillings in respect of every day during which the offence has continued"; (e) in subsection 5, by deleting the phrase "one hundred" and sub­ stituting for it the phrase "two hundred thousand"; . (f) by adding immediately after subsection (5) the following new subsection "(6) Any person who by overt act or writing, threatens, incites intimidates or prevents construction of any works or water­ gate approved by the Principal Water Officer is guilty of an offence and is liable on conviction to a fine not exceeding one hundred thousand shillings or to imprisonment for :> 192 No. 8 Water UtiliZAtion (Miscelloneous~ term not exceeding six months or to both nne and imprison­ ment and in case of subsequent conviction to a fine not exceeding two hundred thousand shillings or to imprison­ ment for a term not exceeding one year." 30. Section 38 is amended in subsection (2), by inserting the phrase "and he used". immediately after the words "fees to be paid" which appears in paragraph (b). PART IV AMENDMENT OF THE WATER WORKS ORDINANCE 31. This Part shall be read as one with the Water Works Ordinance, hereinafter referred to as the "principal Act". 32. Section 2 of the Principal Act is amended as follows (a) in the definition of "catchment area" by deleting the title "Pres­ ident" and substituting for it the title "Minister"; (b) hy deleting the definition of "Water Authority" and substituting tor it the following "Water Authority" means any approved institution appointed to manage a water supply and sewerage board, company or ;lllY other body established for that purpose"; (C) hy adding the following new definition immediately after the definition of "service" "water affairs" .means and includes water supply and sewerage"; (d) hv adding the following new definition immediately after defini tions <.'1' "Water Authority" ..\\ utcr charge" means water funds collected by a water author­ ity as payment for water sales connection and reconnection, fines and other water and sewerage services"; (c) hv adding the following new definition immediately after the definition of "public fountain" "scwcragc disposal works" means and sever and drain or <cwcragc disposal works as defined under section 2(2) of the Public Health (Sewerage and Drainage) Ordinance . •U. Section .' is repealed and replaced as follows ",'.-( I) The Minister mi.')' by order designate and declare ;II1Y area defined in any such order to be a Water Supply and Sewerage Board!A uthority for the purpose ofthis Ordinance. (2) The Minister may declare that the facilities and infras­ t ructu re used in rendering the above services be transferred ttl the declared Water Authority Board. 193 Amend· ment of Seetion38 Amend­ ment of section 2 Cap. 336 Repeal and re­ placement of s.3 Ne.8 Act No. R of 1982 Cap. 281 Repeal of 5.4 (3) The Minister shall appoint a Water Authority to man­ age and supervise the water works and 'supply of water there­ from in any water. (4) The Minister may in view of any special circumstances prevailing in a water supply area, by order in the Gazelle provide that such of the powers. duties and functions of the Water Authority for such area as lire specified in the order shall be exercised and performed by any person or persons other than the Water Authority: and during the continuance in effect of any such order the powers duties and functions specified therein shall be exercised and performed 'in such water supply area by the person named in such order and not by the Water Authority. (5) Without prejudice to the provisions contained in Sec­ tion 3. of this Ordinance. subsection (2) of section 55 of the Local Government (Urban Authorities) Act. 1982 which es­ tablishes the sewerage division. shall be deemed and con­ strued as if the sewerage division has been formed under the Water Works Ordinance. (6) The designated and declared area to be water supply and sewerage Board shall be financially autonomous and for the purposes of discharging its functions. shall be deemed as legal corporate. capable of suing and being sued." 34. Section 4 is repealed. Repeal lind re­ placement ofs':; Amend­ ment of sections 14lind 15 Amend­ ment of section 19 JS. Section 5 is repealed and replaced as follows S.-(1) A Water Authority duly established shall construct or take over any waterworks required or provided for the supply of the water supply area for which it is established and shall manage. maitain. extend and alter such waterworks and shall manage and distribute the water therein. (2) The Water Authority duly established shall collect the water charges for services rendered in the water supply area and utilize water charges to manage. maintain, construct. extend, alter water works and for the pUJ:POSC thereof." (3) The Water Authority shall report to the Minister or to such other persons or authority the Minister may appoint". 36. Sections 14 and 15 nrc amended by deleting the title "Minister" wherever it appears and substituting for it the title "Water Authority" 37. Section 19 is amended (a) by renumbering .section 19 as "subsection (1)": (b) by adding new subsection (2) as follows 194 No.8 "(2) The respective Water Authority may adjust le.." .. charges and meter rents payable under this Ordinance pro­ videfi that the adjusted rates. charges and meter rents shall be published in the Gazette." 38. The principal r\ct is further amended as follows (a) in section 27. by deleting the phrase appearing after the words "not exceeding" and substituting for the phrase "one million shillings or to imprisonment for a term not exceed­ ing three years or to both fine and imprisonment and to a further tine.' not exceeding ten thousand shillings for every day in whieh the offence continues"; (b) in section 28. by deleting the phrase "five hundred shillings" and substituting for it the phrase "one hundred thousand shillings"; (c) in section 29. by d~leting the phrase "two hundred shillings" and substituting fur it the phrasc ··twn hundred thousand shillingsor to imprisonment for a period not exceeding sill. months or to both fine and imprisonment"; (d) in section 30. by deleting the phrase "eight hundred shillings" and substituting fur it the phrasc "two hundred thousand ,hillings or to imprisonment for a term not exceeding one year or to both fine and imprisonment": (c) in section 31. delete the phrase "forty Shillings" and substitute for it the phrase "one hundred thousand shillings"; (0 in section 3.2. delete the phrase "live hundred shillings" and sub­ stitute for it the phrase "one hundred thousand shillings"; (g) in section .'3. delete the phrase "forty shillings" and substitute for it the phrase "twenty thousands shillings"; (h) in section 34. delete the phrase "one hundred shillings" and sub­ stitute for it the phrase "nne hundred thousand shillings"; (i) in section .'5. delete the phrases "live hundred shillings" and "forty shillings" and substitute for them the phrases "one hundred thousand shillings and "the thousand shillings" respectively: (j) in section 36. delete the phrase "five hundred shillings" and sub­ stitute for it the phrase "one hundred thousand shillings: (k) in section 3'). delete the phrase "five hundred shillings" and sub­ stitute for it the phrase "fifty thousand shillings". 39, The principal AI.·t i, amended further by adding the following new privisionv "40. For the purpove ()f proper administration of this Or­ dinance. "'l:ctilln~~.~. (1. 7.l{. 9. W. 11. 12. 13. 14.15.16. 17. IS. 19. :!O. 21. 21. ~J. 24. 25.26. 27. ~~. 29.30.31.32. .U and 34of the Peblic Health Sewerage and Drainage Ordi­ nance ..hall apply mutatis mutandis to [his Ordinance". IClS Amend­ ment of sections 27.28.29. 30.31. 32. 33.•'''. 3~. 36 lind 39 Addition or new section oM) Clip. 336 No.8 • Water Utilization (Miscellaneous Amendments) 1997 Addition of new IeCtion -41 "41. New boards or institutions that may be fOTlJ1l'J ,11 established shall have powers to levy waste water disposal charges in their respective areas of jurisdictions", Passed in the National Assembly on the 5th February, 1997, GEORGE FRANCIS MLAWA, Clerk of the National Assembly IIJ6