Section 22, the Local Government Act, 2004, exercising authority

(1) The Company may from time to time, after publicconsultation, develop and publish in the Gazette water tariff strategy within the framework of government policy and the Electricity and Water Regulatory Commission. (2) The water tariff strategy referred to in subsection (1) may contain a strategy for funding development and use of waterworks in the specified area stipulated in the 1st Schedule, including- (a) the cost of planning, design and construction; (b) the cost of operation and maintenance of waterworks; (c) the cost of water resource protection; (d) returns on assets; and (e) the cost of water distribution. (3) The tariff strategy may- (a) differentiate on an equitable basis between- (i) different types of geographical areas; (ii) different categories of water consumers; and (iii) different types of water uses. (b) provide the basis of proposed water tariffs; and (c) provide on an equitable basis for some elements of tariff waivers in respect of specific consumers for specified periods. (4) Without prejudice to subsection (1), the Company may enter into a special arrangement with any consumer for the supply of water in the specified area stipulated in the 1st Schedule, on such terms as may be agreed provided such terms are not inconsistent with the guidelines and regulations prescribed by the Electricity and Water Regulatory Commission. (5) Notwithstanding any provision to the contrary in this Act, the water tariffs in force before the commencement of this Act shall remain in force until otherwise revised or replaced by tariffs approved by the Electricity and Water Regulatory Commission. (6) The water tariffs referred to in this section shall not be applicable to rural and community managed water system.