Tesis sobre el tema "Water-supply – law and legislation – history"

 The past three decades have witnessed the fundamental achievements of China’s marketization. Through this process, state-owned enterprises have been restructured, monopoly is giving way to competition and private sectors are increasingly participating in public service provision. The concept of concession was first introduced in public utilities through the Circular on Questions Concerning the Ratification of Pilot Foreign Invested Concession Projects (1995), after which there were many experimental projects with BOTs and TOTs. In 2002, with the issuance of Opinions on Accelerating the Marketization of Urban Utilities, the concession system was officially introduced in public utility regulation. In the same year, the water pipelines were opened to foreign investment; concessions have since been extended into integrated municipal water groups. Concessions have become the major approach of public utility provision. In recent years, the accountability in concessions has raised wide concern. Problems exposed include fixed rate-of-return, state-owned assets losses, undue concession transfer, illegal concession award, unreasonable water tariff increase, and problematic service provision by private concessionaires. Commentators have claimed that an accountability gap exists in concessions. Taking water sector concessions as the subject of discussion, the author distinguishes three types of accountability: traditional bureaucratic accountability, legal accountability and public accountability. Through systematical examination of the problems, this dissertation attempts to achieve a better understanding of concession and its application in public utilities, and finds that the alleged accountability gap is attributed to traditional bureaucratic accountability and concession system per se. Four aspects of regulation in water concessions are considered: concessionaire selection; water pricing regulation; regulation by contract; and the regulatory framework. The findings suggest that under concessions, traditional bureaucratic accountability is neither adequate nor appropriate to hold the government accountable. More formal legal rules on transparency, due process and public participation should be explored.
published_or_final_version
Law
Doctoral
Doctor of Philosophy

This thesis attempted to examine the enabling conditions of existing South African water law and its implementation by the appropriate authorities. The Cape Town Municipality's management over water supply and services is included in this study. The research attempted to expose any shortcomings that might be prevalent in the new water law. The water allocation mechanism of the transformed water legislation and the water demands within various competing water user sectors of the community, such as those pertaining to agriculture and industry, was also explored.

xi, 129 p. A print copy of this thesis is available through the UO Libraries. Search the library catalog for the location and call number.
Climate change is disrupting the underpinnings of effective water management by profoundly impacting hydrological patterns. Political entities mandated with freshwater management must respond to society's water needs as availability fluctuates and, in doing so, will encounter difficult ethical dilemmas because existing water laws are ill-equipped to resolve such problems. This thesis takes Chile's water laws as representative of the challenges in addressing ethical disparities arising from freshwater management in a changing climate and proposes that "water ethics" can effectively be used to manage freshwater resources. I examine the 1981 Water Code with a critical eye towards ethical shortcomings and also examine distributive impacts upon indigent farmers and indigenous communities. I conclude that Chile's existing water laws are inequitable because they deny legitimacy to diverse socio-cultural norms regarding water use. Principles of modern water laws must incorporate diverse cultural water laws using a legally pluralistic and ethical approach to management.
Committee in Charge: Dr. Anita M. Weiss, Chair; Professor Derrick Hindery; Professor Stuart Chinn

The South African Constitution ensures the right to adequate water, health services and a healthy environment (Government Gazette, 1996: 1251, 1255). Associated legislation and national strategies require that water resources and water services are rendered in a sustainable manner to ensure the rights enshrined in the Constitution are realised (Trialogue, 2010: 34; Government Gazette, 1998(c):11; Department of Water Affairs (DWA), 2003:9). South Africa is the 30th driest country in the world (DWA, 2013: iii), has impounded most of its surface water resources and has utilised 40 percent of the groundwater resource with remaining groundwater water quality uncertain (DWA, 2013:6-7). Despite achieving the basic water and sanitation Millennium Development Goals approximately 2.2 million and 4.5 million households still require access to basic services respectively (DWA, 2013:28-29). South Africa’s ten water boards play a key role in bulk water service provision. They supply 57 percent of the countries domestic water supply (DWA, 2013:19) and are required to provide sustainable water services (Government Gazette, 1997:35). The Department of Water Affairs (Department of Water and Sanitation (DWS) as of June 2014) is mandated to monitor the performance of water boards and monitors of water boards through a Share Holders Compact (SHC) (Government Gazette, 1997: 50). The aim of the research is to achieve the following objectives: 1. Describe best practice for sustainability monitoring frameworks for water services. 2. Outline South Africa’s water services mandatory and voluntary requirements with regards to sustainability monitoring. 3. Evaluate South Africa’s current water services performance monitoring framework for water boards against findings from goals one and two. 4. Develop an improved framework for assessing South African water board’s performance in their compliance and sustainability journey. 5. Demonstrate the improved framework functionality with a sample of water boards audited performance data from the 2012/13 financial year. A qualitative normative theory evaluation research method was utilised to achieve first three objectives of the research. The objectives to first understand current best practice for sustainability monitoring frameworks and the mandatory requirements for water services sustainability monitoring frameworks in South Africa was achieved via an extensive literature review. The evaluation research method was used where South Africa’s current water services monitoring framework for water boards was evaluated for its adequacy to monitor sustainability compared with legislated requirements, national and international best practices (Hall et al, 2004: 55). Data collection for the evaluation research was sourced via documentation analysis. The 2012/13 water board audited annual reports, relevant national water services legislation, national and global water service sustainability monitoring best practices were critically reviewed. The review yielded a “thick description” of sustainability performance monitoring framework requirements that was used to evaluate the SHC (Holliday, 2002: 79). Despite the mandatory participation requirement for successful sustainability performance monitoring being met, the SHC was found to have inadequate aspects. It lacks an outcomes based approach, does not include environmental indicators, does not allow water board sustainability performance comparison and cannot indicate where individual water boards are on their sustainability journey. An improved sustainability performance monitoring framework for South African water boards is therefore proposed. This was developed with the assistance of an expert focus group drawn from multiple disciplines and organizations relevant to water board sustainability (Litosseliti, 2003: 8 and Hall et al, 2004: 51). The functionality of the framework is then demonstrated using 2012/13 audited performance data sourced from the annual reports of Overberg, Amatola, Rand and Umgeni Water boards. The proposed Water Services Sustainability Monitoring Framework (WSSMF) quantifies performance in terms of 10 water utility outcomes that are measured with 88 performance indicators that encompass the financial, social, environmental and governance dimensions of sustainability. The WSSMF demonstrated that the legislated intentions and best practice recommendations can be incorporated into an improved version of the SHC. Further refinement of the WSSMF is required. In depth engagement with DWS and all the water boards would promote the refinement of the indicator set, performance thresholds for indicators and indicator weighting. Further testing through a pilot project initiative would allow the WSSMF to be developed into a robust and adequate sustainability performance monitoring framework for South African water boards (Rametsteiner et al, 2011: 64; Muga and Mihelcic, 2008: 438; McAlphine and Birnie, 2005: 247 and van Leeuwen et al, 2012: 2192).

Texas is the last remaining state to utilize the rule of capture, a doctrine based on English Common Law, as a means of regulating groundwater resources. Many of the western states originally used the rule of capture to regulate their groundwater resources, but over time, each of these states replaced the rule of capture with other groundwater laws and regulations. The Texas Water Development Board (TWDB) State Water Plan, Water for Texas-2002, warned Texans if current water usage and laws do not change, there will be an unmet need of 7.5 million acre-feet of water annually by 2050. This caused individuals in state and local government to begin asking the question, "How are we going to meet our future water needs?" In the search for a solution to the water shortage problem people have divided themselves into two groups: one wants to consider the implementation of water conservation measures to reduce per capita water use in order to meet future demands; while the other group wants to spend millions of dollars to build reservoirs and dams along with laying thousands of miles of pipeline to move water around the state. The fact that Texas has yet to come up with a definitive answer to their water shortage peaked my curiosity to research what caused the State of Texas to get to a point of having a shortage of fresh water and then look at possible solutions that incorporate water conservation measures. In my thesis I present a historical overview of the rule of capture as Texas's means of groundwater management in order to illustrate the role it played in contributing to the water shortage Texans now face. I also take a historical look at the environmental justice movement, a grass-roots movement by environmentalists and Civil Rights activists working together to guarantee the rights of low-income and minority communities to clean and healthy environments, focusing on several acts and policies enacted by the federal government as a direct result of this movement. I then demonstrate how the rule of capture is in conflict with these acts and policies along with being in violation of both state and federal regulations in an attempt to establish a sound argument as to why we need to replace the rule of capture not only from an environmental standpoint, but from a legal standpoint as well. After considering groundwater legislation in other states, I offer a possible alternative to the rule of capture as part of the solution to the approaching shortage of Texas's fresh water supply. The implementation of new laws, regulations and conservation measures will help conserve water for future Texans, but we must also consider a change in our relationship to water along with the attitudes and ideas that resulted in a water shortage not only in Texas, but on a global scale if we truly want to solve our future water crisis.

This study generally centres on the debate about the impact of privatisation on socio-economic rights and services. The specific objective of the study is to establish whether the privatisation of water services in South Africa has led to denial of access, either through the lack of availability of a commercialised, cost-recovery service, or denial of access because of hight rates and resultant inability to pay. The study analysed how this has impacted on the states constitutional and international human rights obligation and how the resultant problems can be addressed. It examines whether or not privatisation, which is basically aimed at improving service delivery and bringing countries in line with globalisation principles, has actually achieved that objective.

Submitted by Filipe dos Santos (fsantos@pucsp.br) on 2018-06-13T12:27:43Z No. of bitstreams: 1 Vanessa Koetz.pdf: 936294 bytes, checksum: e0e7f3aee5827014853ec7ce819d37a8 (MD5)
Made available in DSpace on 2018-06-13T12:27:43Z (GMT). No. of bitstreams: 1 Vanessa Koetz.pdf: 936294 bytes, checksum: e0e7f3aee5827014853ec7ce819d37a8 (MD5) Previous issue date: 2018-02-27
São Paulo suffered in 2014 a water collapse. Given this, would there be something that the Municipal Government could do to counter this water collapse? What could the Municipal Government have done to avoid reaching the unsustainable environmental situation that the city lives in? What can the Municipal Government do to contribute to the environmental and also the ecological balance of the city and to reverse a century of destruction of the ecosystems in which the city was erected? These are the questions that guide the dissertation. In order to answer them, we first look at the urbanization history of the Municipality of São Paulo. Next, we cover the juridical dimension of the water regime and soil management in Brazil. In the third chapter, we situate the water problem worldwide and investigate the main international documents related to water security and the right to the city. Finally, we seek to understand the specific role of the Municipal Executive of São Paulo in the management, preservation and recovery of water, for the purpose of supplying the population of São Paulo, based on the study of the main normative instruments and public policies of water resources management in the State of São Paulo and municipal urban land planning
São Paulo conheceu no ano de 2014 um colapso hídrico. Diante disso, haveria algo que o Poder Público Municipal pudesse fazer para combater este colapso hídrico? O que poderia ter feito o Poder Público Municipal para não se chegar a situação ambiental insustentável que vive a cidade? O que poderá fazer o Poder Público Municipal para contribuir para o equilíbrio ecológico ambiental, e também hídrico, da cidade e para reverter um século de destruição dos ecossistemas nos quais a cidade foi erguida? São estas as questões que orientam a dissertação. A fim de responde-las, primeiramente, percorremos a história de urbanização do Município de São Paulo. Em seguida, percorremos a dimensão jurídica do regime das águas e do ordenamento do solo no Brasil. No terceiro capítulo, situamos a problemática da água em nível mundial e procedemos à investigação dos principais documentos internacionais relacionados à segurança hídrica e ao direito à cidade. Por fim, procuramos compreender o papel específico do Poder Executivo Municipal de São Paulo na gestão, preservação e recuperação das águas, para fins de abastecimento da população paulistana, a partir do estudo dos principais instrumentos normativos e políticas públicas da gestão dos recursos hídricos no Estado de São Paulo e do ordenamento do solo urbano municipal

The implementation of water policy and the integrated management of water face multiple challenges in South Africa (SA), despite the successes of post-apartheid government programmes in which some significant equity, sustainability and efficiency milestones have been met. This study uses a series of intervention processes into municipal water service delivery to explore the context, constraints, and real-world messiness in which local water authorities operate. The equitable provision of drinking water by local government and the collaborative management of untreated water by ‘water user associations’ are two sites of institutional conflict that have been subjected to broad ‘turnaround’ and ‘transformation’ attempts at the national level. This thesis seeks to explore and understand the use of transdisciplinary research in engaging local water authorities in a process of institutional change that increases the likelihood of equitable water supply in the Lower Sundays River Valley (LSRV). Fieldwork was conducted as part of a broader action research process involving the attempted ‘turnaround’ of the Sundays River Valley Municipality (SRVM) between 2011 and 2014. A multi-method research approach was employed, which drew on institutional, ethnographic, and systems analyses within an evolving, transdisciplinary methodology. In the single case study research design, qualitative and quantitative data were collected via participant observation, interviews and documentary sources. Analytical methods included system dynamics modelling and an adapted form of the ethnographic tool of ‘thick description’, which were linked in a governance analysis. Government interventions into the SRVM failed to take account of the systemic complexity of the municipal operating environment, the interactions of which are described in this study as the ‘modes of failure’ of local government. These modes included the perpetual ‘firefighting’ responses of municipal officials to crises, and the simultaneous underinvestment in, and over-extension of, water supply infrastructure, which is a rational approach to addressing current water shortages when funds are unavailable for maintenance, refurbishment, or the construction of new infrastructure. The over-burdening of municipalities with technocratic requirements, the presence of gaps in the institutional arrangements governing water supply in the LSRV, and the lack of coordination in government interventions are analysed in this study, with policy recommendations resulting. The primary contribution of this study is in providing a substantively-contextualised case study that illustrates the value of systemic, engaged, extended, and embedded transdisciplinary research.

This thesis examines a crisis of governance in the Republic of South Africa (RSA), a crisis which threatens Constitutionally guaranteed intergenerational rights to water, meaning these rights are unlikely to be upheld. RSA's post-1994 Constitution incorporated a number of historically unparalleled human rights, based on fundamental principles of human dignity and equality. This includes the right to water resources for current and future generations - making RSA one of a few countries to enshrine intergenerational rights in law. Under law, Government acts as fiduciary trustee with duties to protect the water resources for current and future generations of citizens. The thesis asserts that influences of Emmanuel Kant, John Rawls and Edith Brown Weiss are reflected in the Constitution and subsequent laws. However, historical and on-going impacts from extractive industries in the province of Gauteng are negatively impacting upon intergenerational water rights. Acid mine drainage is an acidic wastewater produced as a by-product of mineral extraction - particularly gold. It is polluting ground- and surface-waters across the province. A lack of effective government response to this issue has meant that AMD is acting as a catalyst accelerating the country's already problematic governance processes to a crisis level. As it has no long-term management plan, the government is neglecting its intergenerational responsibilities and abrogating Constitutional purpose. This situation is exacerbated by multiple, often conflicting, understandings in different sectors of society of the significance of intergenerational equity, further reinforcing the governance crisis. Due to lack of government response, non-State agents, specifically the mining and financial sectors, are becoming increasingly involved in political decision-making and governance. This has positive short-term effects in ensuring that the rights of communities that were previously affected by water shortages and pollution are upheld. Yet there are potential serious long-term repercussions for democracy in RSA as a result: non-State actors are not best equipped to determine outcomes of governance, and this may result in procedures of deliberative democracy being contravened. Robert Dahl's theories inform this thesis's understanding of deliberative democracy. Consequently, although RSA's Constitution guarantees intergenerational equity in theory, it is hard to achieve in practice. This is due to the governance crisis that has been precipitated by acid mine drainage, so that intergenerational rights to water are an unlikely long-term outcome for this developing nation.

The Green Drop Certification Programme, launched in 2008 alongside the Blue Drop Certification Programme, aims to provide the Department of Water Affairs with a national overview of how municipalities and their individual wastewater treatment works (WWTW) are complying with licence conditions set by the National Water Act (NWA) (No. 36 of 1998; DWAF 1998) and the Water Services Act (No. 108 of 1997; DWAF 1998). By publishing the results of each municipality’s performance, the programme aims to ensure continuous improvement in the wastewater treatment sector through public pressure. The programme has been identified by this project as a necessary linking tool between the NWA and the Water Services Act to ensure protection and sustainable use of South Africa’s natural water resources. It does this through assisting municipalities to improve their wastewater treatment operations which in theory will lead to discharged effluent that is compliant with discharge licence conditions. These discharge licences form part of the NWA’s enforcement tool of Source Directed Controls (SDC) which help a water resource meet the ecological goals set for it as part of Resource Directed Measures (RDM). The link between meeting the required SDC and achieving the RDM goals has never been empirically tested. This project aimed to determine the present ecological condition of the Uie River, a tributary of the Sundays River which the Sundays River Valley Municipality (SRVM) discharges its domestic effluent into. It then determined whether the SRVM’s WWTW was complying with the General Standard licence conditions and what the impact of the effluent on the river was through the analysis of monthly biomonitoring, water chemistry and habitat data. Lastly, the project examined the effectiveness of the Green Drop Certification Programme in bringing about change in the SRVM’s wastewater treatment sector, which previously achieved a Green Drop score of 5.6 percent. It wanted to examine the underlying assumption that a WWTW which improves its Green Drop score will be discharging a better quality effluent that will help a water resource meets the RDM goals set for it. The Kirkwood WWTW did not have a discharge licence at the time of assessment and was thus assessed under the General Standard licence conditions. It was found that the Kirkwood WWTW was not complying with the General Standard discharge licence conditions in the Uie River. This was having a negative impact on the river health, mainly through high concentrations of Total Inorganic Nitrogen (TIN-N), orthophosphate and turbidity. The SRVM should see an improvement in its Green Drop score for the Kirkwood WWTW. However, the municipality showed no implementation of necessary programmes. Implementation of these programmes would help the SRVM meet the General Standard licence conditions (part of SDC) which would help the Uie River meet the RDM goals set for it.

Thesis (Ph. D. (Administration Development Planning and Management)) -- University of LImpopo, 2017
Whilst previous research has largely blamed inadequate finance as the cause of insufficient water provision and concomitant development implications such as poverty and food production; this thesis, took a slightly different turn and engaged on a critical deconstruction of the relationship between water infrastructure financing and water provision in South Africa. Archival data on South Africa between 1994 and 2014 were collected on water provision, water-asset finance, governance effectiveness, corruption, violence, accountancy and voice. Data were analysed using the OLS regression fixed effect. Findings from the analysis showed that against popular belief, there was lack of significant relationship between water asset finance and water provision. However, nonfinancial variables namely corruption, social violence, accountability and voice of citizens in development decisions showed a significant relationship with water provision. In addition, the analysis showed that water provision is significantly related to cereal production and incidence of poverty. Therefore, the thesis emphasized that rural development could be enhanced through an improved effort on water provision, which would increase cereal production and reduce the incidence of poverty. It stressed however, that provision of water asset finance without attention and control of nonfinancial variables might have the tendency to derail water provision initiatives in South Africa. The thesis made an original contribution by proposing a conceptual framework for employing and researching the catalyst for water provision in South Africa. It also developed three novel research models for future research. Key words: Infrastructure financing, water infrastructure, water provision, water and development, governance, accountability, poverty reduction

This research investigates the disconnect between customary and statutory law systems in legal frameworks for water governance and whether the integration of these systems would result in positive outcomes for sustainable development. A novel approach to the investigation is adopted, which seeks the root of the problem in the conceptual and theoretical framework within which water law is developed. By proposing a broader normative base, this research seeks to contribute to the search for more comprehensive solutions to the problem of recognition of customary law systems. Given the centrality of water to sustainable development, this research has significant implications not only on the development of water governance frameworks and the design of the property rights regimes in these frameworks but also on the capacity of the legal systems to achieve sustainable development. An analysis of 17th century common law jurisprudence identifies the legal theories and concepts that form the basis of contemporary legal frameworks for water governance in common law jurisdictions. Consequently, this thesis investigates the legal positivism developed in the period and its notion of law and customary law as well as the property theory and its conception of property rights regimes. The effect of these theories and concepts on the integration of customary and statutory law systems in water governance frameworks is explored. Based on existing literature, the nature and features of customary law systems are investigated and used to determine if a customary law system for water governance exists in the case of the Marakwet. This thesis proposes an analytical framework for investigating the normative aspect of customary law systems and identifying principles indicating the likelihood of positive outcomes of sustainable development. This framework is applied to Marakwet's customary water governance system. The analysis of Marakwet's system in the context of Kenya's water law confirms the limits set by legal positivism and property theory on the capacity of the law to accommodate customary law systems for water governance. An exploration of the human right to water and the right of indigenous peoples' to self-governance using customary law systems, demonstrates the potential of using the human rights-based approach to integrate customary law systems of governing water into the statutory framework. The research also proposes the exploration of classical legal theory as an alternative theoretical framework for transcending the limits set by legal positivism.

The provision of a basic water supply and sanitation service to the 12 million South Africans without an adequate water supply and the 21 million without basic sanitation is a mammoth task that is currently being undertaken by the Department of Water Affairs and Forestry. Billions of rands have been spent on, and committed to, water and sanitation projects that involve national, provincial and local spheres of government, as well as parastatals, non-government organisations and private developers. It is acknowledged that important successes have been achieved in the water and sanitation sector. However, despite the provisions provided in national and local legislation, internationally lauded policy directives, the numerous studies undertaken and recommendations made by institutions such as the Water Research Commission, problems have continued to emerge in the sustainable delivery of water and sanitation projects, particularly in the peri-urban and rural areas. It is clear that the installation of physical structures such as pipes, taps and ventilated improved pit latrines in these areas have created a sense of 'delivery' however, little thought seems to have gone into how these projects are to be sustained. International experience has shown that the concept of 'community ownership' is very important in providing sustainable water and sanitation services. The most important principles in achieving sustainability are community participation and community decision-making throughout both the development of the project as well as the further operation and maintenance of the system. International experience has also shown that financial contributions towards the scheme from the community (in cash, labour or materials), also assists in obtaining community ownership. Over the past decade emphasis in South Africa has shifted towards community participation and the empowerment of previously disadvantaged communities where communities play an active role in determining the level of service provided and the manner in which these services are delivered. However, current government policy advocates that water must be treated as an economic resource to achieve sustainability and this does not always lie comfortably with the policy of delivering free basic water. As a result of these two often-juxtaposed concepts, the delivery of sustainable water and sanitation services, a function performed by local government, is thus made more difficult. This study assesses the importance of delivering a potable water supply and adequate sanitation service to enhance the quality of lives of people. It also considers the key issues that contribute towards sustainable water and sanitation service delivery, with particular reference to the concept of 'community ownership'. The complex nature of the policy, legislative and institutional framework for water supply and sanitation is considered along with an analysis of the Msunduzi Municipality's water supply and sanitation policy and objectives. The study then focuses on the delivery of water and sanitation services to one such project, Edendale Unit RR (commonly known as Newtown), as an in-situ upgrade case study. A Provincial Housing Board funded project has, over the last five years, provided housing units, roads, stormwater drains, and water and sanitation infrastructure to this community. This initial research is undertaken with the intention of providing an evaluation of the installation of the water supply and sanitation service to the in-situ upgrade of Newtown.
Thesis (M.Sc.)-University of Natal, Pietermaritzburg, 2003.

Water has been used for military purposes in the past and still continues today, i.e. poisoning of enemy water, attacking enemy water installations, etc. This conduct denies access to water, affects the supply of water, health, supply of electricity, etc. Public international law, such as treaties (e.g. The 1949 Geneva Conventions), customary international law, etc, regulate the protection of water during armed conflict. Chapter I of the dissertation analizes the public international law ire the abovementioned. The application of public inteniational law, depends on the municipal law of the state concerned. This municipal law is, in the case of South Africa, found in the 1996 Constitution. The 1996 Constitution contains specific provisions regarding inter alia the legal obligations of the South African security services, the legal status of international agreements, as well as the application of customary international law and international law. Chapter II of the dissertation analizes the abovementioned wrt the legal obligations of the SA National Defence Force ire the subject matter.
Constitutional, International & Indigenous Law
LL.M. (Public International Law)

The transfer of energy and water utilities to private or state owned corporations raises important questions of service obligations, access, and dispute resolution for small end customers. The aim of this thesis is to explore the legal issues that confront small end users and service providers in what is a highly regulated market environment. This thesis examines the duties and obligations of energy service providers in terms of the product being fit for its expected purpose and in a manner not causing economic loss to the user. Correspondingly, the thesis examines also the rights and obligations of the user. These respective rights and liabilities of the parties are examined by reference to contracts law, consumer protection law under the Trade Practices Act, torts law and adjudication powers of the Ombudsman. The term “user” in this context refers to the small end-user, even though the analytical framework used in this thesis can, with appropriate modifications be also used in relation to others in the provider-user relationship identified here. With this in mind, the thesis examines: (1) whether the legal mechanisms created by national and state legislation and the regulatory regime have enhanced consumer sovereignty and reinforced small end customer rights relative to the old regime of franchised monopolies; and (2) whether, the legal tradition of reasonable care with its roots in interpersonal equity has been undermined by economic criteria. Despite Governments relinquishing ownership of production, transmission and distribution of energy supplies to the corporate sector, the State remains as a significant presence as a regulator of essential public utility services. Essential service utilities occupy too important a place in the social well being of society for governments to abandon them to the vagaries of market economics. Given the difficulties the courts have had of establishing reasonable care as applied to government or semi-government utilities, an important legal issue is, what is the appropriate standard of liability for negligence which should be applied to the highly regulated private and state owned service corporations which have no immunities under the Crown? In this regard, the thesis is concerned with the legal responsibility under both common law and statute to small end users for everyday power disturbances, failure to supply, and defective supply causing property damage or economic loss. In this context the basic arguments set out in the Thesis are as follows: Chapter 1 sets the background to the thesis. Chapter 2 examines regulation and the national electricity market with emphasis on the role of the Australian Energy Regulator, the Rules of the market and the liability exclusion clauses contained in the National Electricity Law. It argues that the complicated commercial and statutory structure of the market is beyond the legal ability of a small end user to challenge a negligent action of a market participant. Chapter 3 takes up the issue of whether under the Trade Practices Act 1974 (Cth) a strict liability regime should apply to service providers as argued in the Electricity Supply Association of Australia v Australian Competition and Consumer Commission case.1 It argues that electricity as “goods” (s. 4) should be subject to strict liability for defective supply. Chapter 4 examines standard form connection and supply contracts which are deemed (unseen and unsigned) to exist between service providers and small end customers. It concludes that liability exclusion clauses deny the small end customer common law contractual justice. Chapter 5 focuses on the impact of civil liability legislation in negligence, the rationalist concept of care and safety, and decision tree analysis in causation. It is considered that the legislation severely restricts the ability of the small end user to access the legal system when dealing with corporate energy providers. Chapter 6 looks at economic loss in respect of the loss of energy supplies. It argues that the common law regime does not assist the small end consumer as one of a large indeterminate class of plaintiffs who cannot recover. Chapter 7 examines the jurisdiction of the Energy Ombudsman scheme. It argues that whilst there is some scope to provide compensation to small end users, the capacity is both limited and small in amount. Chapter 8 provides some concluding arguments. The research concludes that the legal and regulatory mechanisms governing the disaggregated energy supply industry has failed to provide adequate protection for small end users. It is concluded that in the context of the existing regime, the small end user of energy services is not only disadvantaged but disenfranchised.

M.A. (Public Management and Governance)
“Water will be the scarce resources in the 21st century.” This vision was brought to the South African Government’s attention after the Water Research Commission (WRC) conducted extensive research as illustrated in the WRC’s Annual report for 2007/8. According to the WRC, the research aimed to enlighten decision and policy makers to take precautionary measures that will help guarantee that water resources are “protected, used, developed, conserved, and managed in a sustainable manner”. Hence, the Department of Water Affairs and Forestry (DWAF) has started developing the Water Resource Classification System to mitigate the anticipated challenge envisioned. Among others, the WRC’s findings guided the development of this policy. On the other hand, the South African Constitution, 1996 states that, “people have the right to environment which is not harmful to the citizen”. Other legislation, such as the National Environmental Management Act (1998), the National Water Act, 1998 and the Water Services Act, 1997 echoed the same sentiment. The National Water Act, 1998 served as basis for a National Water Resources Strategy as a framework to guide the entire Water Resource Classification System policy process (Chapter 2: Part 1 of the National Water Act, 1998. Section 195 (e) of the South African Constitution, 1996, highlights that “people’s needs must be responded to, and the public must be encouraged to participate in the policy making”. Thus, the role of stakeholder participation in the DWAF Water Resource Classification System (WRCS) was chosen as a topic for investigation to inform policy makers as well as to identify policy defects. The research project aimed to evaluate the level of stakeholder participation in developing policy, as well as identifying and assessing the nature, influence and levels of their participation. It was established that broad stakeholder participation was a critical success factor during this policy development process. However, the WRCS was finalised based only on the information gathered from a few stakeholders. It should be noted that when water classification was undertaken the environmental issues were considered in such a way that the classification process does not in one way or another compromise the environment in general and is not detrimental to ecosystems in particular. According to the National Water Act, 1998, water is classified in three categories, namely minimally, moderately and heavily. In other countries water is treated as just another natural resource, but in South Africa water is treated as government’s scarce resource. This study investigated the importance of stakeholder participation as a key to policy development in a democratic state and concluded that better participation would have enhanced citizen ownership and shaping the policy concerned.

This thesis explores the research question: How can water governance be fairer and more effective in Mekong Region and beyond? In doing so, it examines the theory and practice of deliberative water governance, informed and illustrated in a region that comprises Cambodia, Laos, Myanmar, Thailand, Vietnam and China's Yunnan Province. Water governance can be understood along a spectrum, from a means to achieve pre{u00AD}determined objectives to a social process of dialogue, negotiation and decision-making. This thesis is most interested in the latter conception, in the context of 'the Mekong', where choices are being made about using and sharing transboundary waters. These choices might produce more energy; both increase and decrease food production; sustain or threaten livelihoods; and, maintain or degrade vital ecosystems and their services, upon which societies depend. An introductory chapter (Part A, Chapter 1) contextualises and explains the logic of the research. I next explore contested waterscapes (Part B, Chapters 2-5) focusing on the complex tapestry of Mekong regionalisms and governance, hydropower expansion, and a marginalised Mekong River Commission. The analysis confirmed that significant scope exists for improving water governance, and that deliberation - debate and discussion aimed at producing reasonable, well-informed opinions - has been in short supply. Deliberation deficits observed and reported in Part B provoked exploration of deliberative processes (Part C, Chapters 6-11) as a potential pathway to improving water governance. I examine firstly international practice, including still-topical issues from the World Commission on Dams, and the potential of multi-stakeholder platforms. I then examine Mekong practice and the efficacy of multi-stakeholder platforms as a governance tool; and the politics of deliberation, scales and levels. The final chapter of this section introduces a framework for analysing transboundary water governance complexes and distils suggestions for making water governance more deliberative and as a consequence, fairer and more effective. Part C analyses a range of governance challenges, and provides evidence that deliberative processes, where inserted into political arenas, are making water governance fairer and more effective, by reducing power imbalances among stakeholders and assisting negotiations to be more transparent and informed. In the final section and chapter (Part D, Chapter 12), I summarise and reflect on my practice and exploration of the topics. Drawing together the lessons from my research, I present my aspirational vision of Deliberative Water Governance - a new frontier in the field of deliberative governance: Constructive engagement that enables fairer and more effective water governance through inclusive, deliberative processes that emphasise different perspectives, learning, analysis and institution-building. The vision is inspired by promising examples, from the Mekong Region and elsewhere, examined in the thesis chapters, which demonstrate the need for and added-value provided by deliberation when it is information-rich, flexibly facilitated and actively promotes analysis of different views. In conclusion, I contend that, via its action research and publishing orientation, this thesis has contributed uniquely to both the theory and practice of Deliberative Water Governance in the dynamic Mekong Region and more widely.

The Water Trading Entity (WTE) is a subdivision of the Department of Water and Sanitation responsible for water infrastructure and resource management. Despite ABC implementation at the WTE, the water resource management charge remains high, raising concern. This study aimed to establish what influence ABC implementation has on this charge. Through semi-structured interviews, the study found that the steps and factors generally associated with successful ABC implementation are partially followed, but undefined duplicated activities exist, due to insufficient training and limited technology. The study found that ABC implementation has minimal influence on the increase of the charge. When deciding on the charge, factors such as capping play a role, therefore limiting ABC use. Further research on ABC implementation in government departments can be conducted to ascertain how they can adhere to policies without compromising the use of ABC and identify the skills and training needs for an effective ABC implementation
Management Accounting
M.A. (Accounting Sciences)

The management of the Yangtze River Basin (YRB) is facing two main challenges: implementing the Integrated Water Resources Management (IWRM) regime and adapting to water-related climate change impacts. While separate efforts in promoting the IWRM implementation and climate change adaptation are being made, this thesis proposes an innovative approach of mainstreaming climate change adaptation considerations within IWRM regime in order to deliver sustainable and robust water management decisions and outcomes for the YRB. Mainstreaming adaptation in this thesis refers to the incorporation of climate change adaptation-related factors into water development planning and ongoing sectoral decision-making process. Current Yangtze water management regime and practices have not considered adaptation factors. Thus, this thesis attempts to contribute to the literature through analysing the rationale of mainstreaming adaptation in the IWRM-related legal and institutional frameworks and proposing applicable recommendations for Yangtze water managers. Centred with this mainstreaming approach, this thesis addresses three overarching questions: first, what is the capacity of the Yangtze water management related legal and institutional frameworks in achieving sustainable development. Alternatively, to what extent do the Yangtze water-related legal and institutional frameworks contribute to climate change adaptation? Second, could water-related climate change impacts be mainstreamed in the legal and institutional frameworks on the IWRM of Yangtze River? Finally, if the answer to the second question is yes, what is the best way to implement adaptation mainstreaming? An investigation and examination of existing legal and institutional frameworks on the Yangtze water management regime and practice is essential, as this is where adaptation could be mainstreamed, and their capacity in achieving sustainability largely determines the capacity against vulnerability and negative climate change impacts. By analysing research literature and water management practices, the progress and deficiencies of these water-centred legal and institutional frameworks in delivering an effective IWRM regime are demonstrated. Following that, corresponding recommendations are brought out to illustrate how legislation could be improved and how institutional arrangements could be reformed with the objective of delivering sustainability and reducing non-climatic vulnerability. Current and future water management frameworks and regimes will no doubt shape the way ahead for water-based adaptation. At the same time, it is also important to realise that climate change adaptation-related policies, legislation and institutional arrangements will challenge and shape the paths and approaches of managing water resources. This interactive relationship firstly requires assessing the adaptation-related legal and institutional frameworks to see to what extent effective adaptation strategies are facilitated and supported. Secondly, it entails a reflective discourse where the legal assumptions, institutional arrangements, management approaches and dominant Yangtze water management regime are reviewed in the context of climate change adaptation. Since the potential compatibility and synergy between the IWRM regime and climate change adaptation is the premise of an adaptation mainstreaming approach, their distinctions and common points will be compared in this thesis. To provide specific recommendations for Yangtze water managers, the last part of this thesis first aims to propose recommendations for the development of a meaningful and supportive legal and institutional enabling environment where adaptation mainstreaming in the IWRM regime takes place. Reforming legal principles, legal instruments and institutional settings are recommended for that purpose. Nonetheless, an effective enabling environment does not necessarily result in adequate consideration of adaptation – more specific adaptation factors need to be identified to illustrate how to practise mainstreaming from both substantive and procedural perspectives for Yangtze water managers. Integrated water planning from a substantive aspect and environmental impacts assessment from a procedural perspective are highlighted as two illustrative case studies to demonstrate how legal principles, instruments, approaches and institutional settings developed in this thesis are employed to achieve climate-proofing water management strategies and outcomes.

LLM
Department of Public Law
Historically, there were enormous differences and inequalities with regard to service delivery in South Africa. Traceable to the apartheid period, these inequalities included, inter alia, supply of inadequate and safe drinking water for black communities in particular those at rural areas. Yet, water is an essential necessity for human beings, regardless of race, disability and social status. As a legislative measure to redress the injustices of the apartheid regime, the right to have access to sufficient water is entrenched in Section 27(1) (b) of the South African Constitution of 1996. Also, several legal instruments such as the National Water Act of 1998 and the Water Service Act of 1997 were enacted to uphold the human right to water. The Constitution bestowed the responsibility of water supply and management to the national, provincial and the local government. Despite its inadequacy, the South African government is addressing the water needs of the most impoverished communities by guaranteeing each household a free minimum quantity of potable water of 25 litres per person per day or 6 kiloliters per household per month. Any person who needs more will come under privatisation model which key provisions on the existing law favors. About 38.4% of the population of South Africa who reside in rural communities are poor and mostly affected by inadequate water service delivery in that they cannot afford payment for water in excess of the minimum for which no fees is charged. As a concept, affirmative action is generally used in the context of work places to ensure that qualified marginalized groups have equal opportunities to get a job, but it is not yet investigated in the context of water service delivery. This study assessed laws governing water service delivery and explored how affirmative action can be used as an instrument to ensure the delivery of potable water to rural population in South Africa.

Irrigation farmers in the Lower Orange (Kakamas and Boegoeberg) and Lower Crocodile rivers (between Nelspruit and Komatipoort) areas in South Africa were surveyed during October 2003 in order to study whether water marketing has promoted efficiency in water use. This study is a follow-up on research undertaken by Armitage (1999) in the Lower Orange River area and Bate et al. (1999) in the Lower Crocodile River area. Factors associated with future investment in irrigation farming were also studied in the Lower Orange River Irrigation Scheme. Econometric procedures used included principal component analysis, and logit and ridge regression. Results from the two areas will be discussed separately. Econometric results for the Lower Orange River farmers indicate that purchasers of water rights produce lucrative export grapes and horticultural crops with relatively less raisin, wine or juice grapes and less field crops; are more specialised in production (table grapes); have more livestock (probably liquidity factor) and have a less negative view of the five-year water license review period. The water market has facilitated a transfer of water use from relatively lower value crops to relatively higher value crops, and also promoted the use of more advanced irrigation technology. An investment model using Ridge Regression indicates that the following variables are associated with increased future investment in irrigation farming; higher expected profitability and lower levels of risk perception and risk aversion (Arrow/Pratt). Results confirm that farmers who are more risk averse are likely to invest less in the future as can be expected from theory. Policies that increase risk in agriculture will have a significant negative effect on future investment in irrigation. What is significant from the results is that irrigation farmers in the Lower Orange River area are highly risk averse (down-side). Results also show that farmers who feel that water licenses are not secure expect to invest less in the future. The latter effect is thus amplified, as farmers appear to be highly risk averse. This has important policy implications, and measures should be taken to improve the perceived security of water licenses. This could be achieved by keeping farmers more informed about the practical implications of the New Water Act (NWA) (Act 36 of1998) and, specifically, water licenses. In the Lower Crocodile River area, almost all the water trades (permanent and rentals) observed in this study were from farmers above the gorge to farmers below the gorge. It is concluded that in the transfer of water some attributes in the purchasing area such as lower production risk (sugar cane) and lower financial risk and better cash flow (bananas and sugar cane) were more important than the expected income per cubic meter of water. Water supply in this area is highly irregular, while sampled farmers were again found to be extremely risk averse especially as far as down-side risk is concerned. The average water price in this area in recent years (2002 to 2003) was between R2000 and R3000 per ha (l ha = 8000 cubic meters). Buyers have large farms and are progressive farmers that purchase (and rent) from many sellers (or lessors). It is concluded that information on water transfers (sale prices and rents) is asymmetrical. Few permanent transfers have taken place in the Crocodile River in recent years. It is concluded that there are reasons why transfers at present are not processed, such as excess demand for water (due to the irregular flow of the Crocodile River, and role players should discuss these reasons and possible solutions before further action is taken.
Thesis (M.Sc.Agric.)- University of KwaZulu-Natal, Pietermaritzburg, 2004.