CHAPTER 273
DAR ES SALAAM WATER AND SEWERAGE AUTHORITY ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   [Omitted.]

   3.   Interpretation.

PART II
THE DAR ES SALAAM WATER AND SEWERAGE AUTHORITY

   4.   Continuation of DAWASA.

   5.   Legal status of DAWASA.

   6.   Functions of DAWASA.

   7.   Appointment of an Operator.

   8.   Power to make concession.

PART III
THE BOARD

   9.   Board of Directors.

   10.   Powers of the Board.

   11.   Power of Board to delegate.

   12.   Minister may give directions to the Board.

   13.   Appointment of Chief Executive Officer.

   14.   Allocation of employees.

PART IV
POWERS AND OPERATIONS OF DAWASA

   15.   Agreement as to drainage, etc., of land.

   16.   Power to restrict, suspend, etc., the supply of water.

   17.   Custody and administration of waterworks.

   18.   Power to supply water fittings, etc.

   19.   Way leave to lay water pipe, etc., on private land.

   20.   Provision of domestic supply.

   21.   Power of entry into premises.

   22.   General powers DAWASA in relation to water, etc.

   23.   DAWASA to operate commercially.

   24.   Power to charge fees, etc., for services rendered.

PART V
REGULATION OF DAWASA AND THE OPERATOR

   25.   Regulation by EWURA.

   26.   Functions of EWURA.

   27.   Settlement of disputes.

PART VI
GENERAL PROVISIONS

   28.   Protection of members.

   29.   Liability of employer or principal.

   30.   Recovery of expenses, etc.

   31.   Proof of liability.

   32.   Regulations.

PART VII
FINANCIAL PROVISIONS

   33.   Funds of DAWASA.

   34.   Power to raise and guarantee loans.

   35.   Investment.

   36.   Annual and supplementary budget.

   37.   Accounts and audit.

   38.   Annual report.

PART VIII
TRANSITIONAL PROVISIONS

   39.   Continuation and completion of disciplinary proceedings.

   40.   Transfer of powers, rights, liabilities and duties.

   41.   Transfer of assets.

   42.   Restriction on execution against property of DAWASA.

   43.   Continuation of service of officers and employees.

   44.   [Repeal of Act No. 7 of 1981.]

PART IX
OFFENCES AND PENALTY

   45.   Damage to or alteration of waterworks, etc.

   46.   Misuse or waste of water.

   47.   Fraudulent measurement.

   48.   Using water other than for purposes supplied.

   49.   Bathing, washing, etc., in waterworks.

   50.   Pollution.

   51.   Offences under other laws.

   52.   General penalty.

PART X
AMENDMENT OF THE WATER UTILISATION (CONTROL AND REGULATION) ACT, 1974

   53.-55   [Omitted.]

SCHEDULE

CHAPTER 273
THE DAR ES SALAAM WATER AND SEWERAGE AUTHORITY ACT

An Act to make provisions in pursuance of enactment of the Energy and Water Utilities Regulatory Authority Act, 2001 in relation to the functions, powers and privileges of the Dar es Salaam Water and Sewerage Authority; to enhance the regulatory framework for the Dar es Salaam Designated Area; to repeal the Dar es Salaam Water and Sewerage Authority Act, 1981 and to provide for related matters.

[7th March, 2003]
[G.N. No. 80 of 2003]

Act No. 20 of 2001

PART I
PRELIMINARY PROVISIONS (ss 1-3)

1.   Short title

   This Act may be cited as the Dar es Salaam Water and Sewerage Authority Act.

2.   Omitted

   [Omitted.]

3.   Interpretation

   In this Act, unless the context requires otherwise:

   "Act" means the Dar es Salaam Water and Sewerage Authority Act;

   "Board" means the Board of Directors of DAWASA established by section 9(1);

   "catchment area" means any area of land or of water delimited by the Minister as an area connected with the supply of waterworks;

   "Chairman" means the Chairman of the Board and includes the Vice-Chairman and any person presiding at a meeting of the Board;

   "Chief Executive Officer" means the Chief Executive Officer of DAWASA appointed in accordance with section 13(1);

   "concession" means the contract or agreement which may be entered into between DAWASA and the Operator in accordance with section 8(1);

   "consumer" includes any person or body of persons supplied, or applying to be supplied with, or using, water from the waterworks or who is liable for payment of any fees or other charges for the supply or use of water;

   "cut-off" in relation to a supply of water, means to stop the supply whether by operating a tap, disconnecting pipes or in any other way;

   "DAWASA" means the Dar es Salaam Water and Sewerage Authority established pursuant to section 4(1);

   "DAWASA Designated Area" means the City of Dar es Salaam and part of the Coast Region as shown on a sketch map labelled "DAWASA Designated Area" and deposited in the office of the Chief Executive Officer;

   "default notice" means a notice issued by the Operator and sent to the Owner or Occupier of Premises to which water or sewerage services are supplied specifying the tariffs or other charges which are overdue for payment;

   "EWURA" means the Energy and Water Utilities Regulatory Authority established by section 4 of the Energy and Water Utilities Regulatory Authority Act *;

   "fire service" means any pipes and fittings used for the sole purpose of supplying water to premises to combat fire;

   "fittings" means and includes all taps, stop cocks, ball cocks, cold water cisterns, hot water apparatus, flushing apparatus or any other apparatus or appliances other than meters, used on an internal supply in connection with the supply of water from the waterworks;

   "Government entity" means any entity owned by or on behalf of the Government and includes any central government department or agency, statutory body, executive agency, body corporate, council, municipality or parastatal company;

   "internal supply" means the supply of water by service to any premises;

   "mains" includes any water pipe owned and maintained by DAWASA including connections to the mains;

   "meter" means an appliance, apparatus or device used to measure, ascertain or regulate the amount of water taken or used from the Waterworks and includes any meter box, meter box cover and indicator marking the position and size of the meter;

   "Minister" means the Minister responsible for water;

   "occupier" means any person who is in occupation of the premises in connection with which that term is used;

   "operator" means the operator appointed in accordance with section 7;

   "owner" in relation to any premises, means the person for the time being receiving the rent in respect of the premises in question, whether on his own account or as agent or trustee for any other person, or who would receive it if the premises were let at a rent;

   "premises" means any structure, building or part of a building, and includes any land with or without buildings which is held or occupied as a distinct or separate holding or tenancy, and any pier, sea-wall or wharf;

   "public fountain" means any fountain, standpipe, tap, trough, valve or other appliance or structure erected, provided or maintained by or on behalf of DAWASA for the purpose of supplying water to the public from the waterworks;

   "rules" means rules made in accordance with section 41 of the Energy and Water Utilities Regulatory Authority Act;

   "service" means pipes, cisterns, cocks, fittings and other appliances or structures, other than meters, through which water flows or is intended to be used for the purpose of supplying any premises from the waterworks;

   "street" includes highway, road, lane, footway, square, court, alley or passage, whether or not a thoroughfare; and

   "waterworks" includes all gathering grounds, reservoirs, dams, weirs, tanks, cisterns, tunnels, filter beds, conduits, aqueducts, mains, pipes, meters, fountains, sluices, valves, hydrants, pumps, prime movers and all other structures and appliances used or constructed for the storage, conveyance, supply, measurement or regulation of water, which are used or have been constructed by or on behalf of DAWASA.

PART II
THE DAR ES SALAAM WATER AND SEWERAGE AUTHORITY (ss 4-8)

4.   Continuation of DAWASA

   There shall continue to exist the Dar es Salaam Water and Sewerage Authority also known by its acronym DAWASA.

5.   Legal status of DAWASA

   (1) DAWASA shall be a body corporate with perpetual succession and a common seal and shall, in its corporate name be capable of–

   (a)   suing and being sued;

   (b)   acquiring, holding and disposing of movable and immovable property;

   (c)   exercising the powers and performing the functions conferred upon it by or under this Act;

   (d)   entering into any contract or other transactions, and doing or suffering to do all other acts and things which a body corporate may lawfully perform, do or suffer to be done.

   (2) The common seal of DAWASA shall be duly affixed if witnessed under the hand of the Chairman, the Chief Executive Officer or the Secretary of DAWASA and such affixation on any document executed or authenticated shall be judicially noticed.

6.   Functions of DAWASA

   The functions of DAWASA shall be–

   (a)   to secure the continued supply of water for all lawful purposes;

   (b)   to develop and maintain waterworks connected with the supply of water;

   (c)   to promote the conservation and proper use of water resources;

   (d)   to advise the Government in the formulation of policies relating to the development and conservation of water and potable water standards;

   (e)   to plan and execute new projects for the supply of water;

   (f)   to educate and provide information to people on public health aspects of water supply, water conservation and similar issues;

   (g)   to liaise with other authorities on matters relating to water disposal and the preparation and execution of plans relating to the expansion of water supply;

   (h)   to collect fees and levies (including any regulatory levy) for water and sewerage services supplied to consumers;

   (i)   to provide amenities or facilities which it considers necessary or desirable for persons making use of the services or the facilities provided by DAWASA;

   (j)   to do anything or enter into any transaction which, in the opinion of the Board, is calculated to facilitate the proper exercise of its functions;

   (k)   to construct and maintain sewerage disposal works on any public land or land acquired or lawfully appropriated for that purpose; and

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