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Water Supply and Sanitation Act, 2009 (No. 12 of 2009).

Type of law
Legislation
Source

Abstract
This Act makes provision with respect to water supply and sanitation in Tanzania and establishes the National Water Investment Fund. The Act consists of 62 sections divided into 15 Chapters: Preliminary Provisions (I); Objectives and Principles (II); Administration And Institutional Set Up(III); Water Supply and Sanitation Authorities (IV); Financial Provisions for Water Authorities (V); Energy and Water Utilities Regulatory Authority (VI); Community Owned Water Supply Organisations (VII); Financial Provisions for Community Owned Water Supply Organisations (VIII); Monitoring and Regulation of Community Owned Water Supply Organisations (IX); Duties of Local Government Authorities in Respect of Community Organisations (X); Responsibility for National Water Supply and Sanitation Schemes (XI); Codes of Workmanship (XII); National Water Investment Fund (XIII); Offences and Penalties (XIV); Transitional Provisions (XV).
The objective of this Act is to promote and ensure the right of every person in Tanzania to have access to efficient, effective and sustainable water supply and sanitation services. The Act sets out the principles which shall be taken into account to achieve this objective. The Act defines functions (including policy making and control on other authorities and community-owned supply organisations) and powers of the Minister and of local authorities. The Minister may, in consultation with the Minister responsible for local government, establish water authorities or cluster water authorities in order to achieve commercial viability. Water authorities shall be body corporate supplying services on a commercial basis and shall operate under a licence of the Energy and Water Utilities Regulatory Authority (EWURA). The Act also defines additional functions of EWURA in respect of water supply and sanitation.
A community owned water supply organisation may be established by the agreement of the majority of the members of a community. A community organisation shall be a corporate body for the purposes of this Act as may be prescribed in any law inc1uding: (a) a Water Consumer Association: (b) a Water Trust; (c) a Cooperative Society; (d) a Non-government Organisation; (e) a Company; or (f) any other body as may be approved by the Minister. The Act sets out powers and functions of community owned water supply organisation. The sources of funds for community owned water supply organisations shall include water levies or water charges payable to it by each consumer using the water scheme. The Minister shall retain a residual power to provide water supply and sanitation services to consumers through national schemes. The Minister shall prescribe codes of workmanship in respect of the construction, operation and maintenance works for the provision of water supply and sanitation services.
The Act establishes a National Water Investment Fund, which shall provide investment support for water service provision, and the management of catchments areas serving water supply abstractions, in areas of Mainland Tanzania which are without adequate water services.
Offences defined by this Act include use of water for other purposes than for which the water is supplied and pollution of waterworks or damaging of waterworks.
Long title of text
An Act to provide for sustainable management and adequate operation and transparent regulation of water supply and sanitation services with a view to give effect to the National Water Policy, 2002; to provide for the establishment of water supply and sanitation authorities as well as community owned water supply organisations; to provide for appointment of service providers, repeal of the Waterworks Act and to provide for related matters.
Date of text
Repealed
Yes
Serial Imprint
Tanzania Official Gazette of 15 May 2009, Act Supplement No. 12 to Gazette No. 20.
Source language

English

Legislation status
repealed
Legislation Amendment
No
Repeals