1
fg~~
-j(J-
j
(J
REPUBLIC OF SOUTH
AFRIC
GOVERNMENT GAZETTE
STAATSKOERANT
VAN DIE REPUBLIEK VAN SUID-AFRIKA
CAPE TOWN,
26
AUGUST
1998
vol.
398
No.
19182
KAAPSTAD,
26
AUGUSTUS 1998
OFFICE
OF
THE PRESIDENT
N().
1091.
26
August
1998
It
is hereby notified (hat the President
has
assented
to
the following Act
which
is hereby published
for
general
inlormation-
No.
36
of’
1998:
National
Water
Act,
1998.
KANT()()R
VAN
DIE
PR[iSII)[;NT
N().
1091.
~(,
ALlg,]\(Ll\
lot)~
Hicrby
word
bckend
gcnl:iak
d;lt
die
Prc\idcnt \y
goedkmring
geheg
Iwt
MI]
die
(mdel-st;i:lndc
Wet v:it
I]icrhy
[m
algenmnc
inligting
gcpuhliwx!
m
tml:--
No.
36
van 199X:
Nusitmitlc
Watcrwct. 199X,
2
N(I
19182
GOVERNMENT GAZETTE,
26
AUGUST
19°8
Act
No.
36,
1998
NATIONAL WATER ACT,
1998
ACT
10 provide for fundamental reform of the law relating to water resources; to repeal
certain laws; and to provide for matters connected therewith.
PREAMBLE
Recognizing that water is
a
scarce
and
unevenly distributed national resource which
occurs
in many different
forms
which are all part of a unitary, inter-dependent cycle;
Recognizing that while water is a natural resource that belongs to all people, the
discriminatory laws
and
practices of the past have prevented equal access to water, and
use of water resources;
Acknowledging the National Government’s overall responsibility
for
and authority
over the nation’s water resources and their use, including the equitable allocation of
wtiter
for beneficial use, [he redistribution of water, and international water matters;
Recognizing that the ultimate aim of water resource management is to achieve the
sust~inable
use of water for the benefit of all users;
Recognizing that the protection of the quality of water resources
is
necessary to
ensure sustainability of the
ntition’s
water resources in the interests of all water users;
and
Recognizing the need for the integrated management of all aspects of water resources
and, where appropriate, the delegation of management functions
to
a regional or
catchrnent
level so as to enable everyone to participate;
(English text
signed
by the President. )
(Assented
to
20
August
1998.)
B
E
IT
ENACTED by the Parliament of the Republic of South Africa, as
follows:-
INDEX
CHAPTER 1: INTERPRETATION AND FUNDAMENTAL PRINCIPLES
1.
?
i:
4.
5.
6.
7.
8.
9,
1 ().
Il.
Definitions and interpretation
5
Purpose of Act
Public trusteeship of nation’s water resources
Entitlement to
wtiter
use
CHAPTER 2:
WArER MANAGEMENT STRATEGIES
Part 1: National water resource strategy
Establishment of national water resource strategy
Contents of national water resource strategy
Giving
etfect
to national water resource strategy
Part 2:
Catchment management strategies
Esttiblishmen[
of catchment management strategies
Contents of
catchment management
stmtegy
Guidelines
for
and
consultation on
catchrnent
management strategies
Giving
effect
to
catchment
management strategies
lo
15
-1
N(),
1’)182
GOVERNMENT
GAZ[:’H
E.
26
AUGUST
1°9X
,Act
No.
.36,
1998
NATIONAL,
WATER
ACT.
199X
Purt
1:
Chrssijication
systent
for
water resources
I
2.
Prescriptitm
of
clwitication
system
Purt
2:
Class@
cation
of
water resources and resource quality objectives
I
3.
Determination of
class
01
wukr resources
and
resource
quality objccti\es 5
14.
Preliminary dctcrtnination of
class
or resource
quulity
objectives
i
5,
Giving cticct
(0
dctcrnlinMion
of
class
of
water
resource
and
resource
quaiily
objectives
Part 3: The Reserve
16.
Determination
of
Reserve
17. Preliminary determinations of Reserve
18.
Giving ctlecl
to
Reserve
Part
4:
Pollution prevention
19. Prevention
and
remedying
effects
of pollution
Part
.5:
Emergency iucidents
1()
15
Z(),
control of emergency incidents
CHAPTER 4: USE
OF WATER
Part 1: General principles
2
I. Water
use
22.
Permissible
wuter
use
Z()
’23. Determination of
qu:mtity
of
w~tcr
which
tntiy
be
allocuted
by
resp(msible
authority
24.
Licenccs
tor
use of
w~[er
found underground
(m
pr(~per{y
ot
mmlher
person
~~.
Tr~lnsfcr
of
w;ltcr
usc
ilLllllorlSLl(i
ollS”
26.
Rcgulutions
on
(Im
usc of
wuter
25
Part 2:
C(~tl.siderilti[jtls,
conditions and essential
requiretnents
of general
authorisations and
licences
27,
consid~r~l[i~)ns
fc)r
issue of
gcncr:d
au[horisu[ions
find
Iicenccs
28.
Essential requirements of
Iicences
~().
Conditions
for
issue
of’
generat
uulhorisa(ions
and
}icences
30, Security
by
applic:mt
3
I.
Issuc
0[
Iicencc
no
guarantee of supply
I’art
3: Existing la
wfhl
water uses
32.
[ktinition of existing
lawful
water use
33.
l>ecldr~ili(m
ot”
wdlcr usc 0s existing Iilwtul
wotet-
LISe
34,
Authority
t[)
continue with existing
lawful
water
use
35.
Vcrilico(icJn
of
existing
wutcr
uses
Part
4:
stream
Jht
w reduction activities
.30
35
36.
Dccl:lrali[)n
01
slrctim
ll(~w
reduction activities
Part 5: Controlled activities
37.
C’onlrolltxl
aclivity
‘N)
(?
N,)
l~)1N2
(government GAZETTE,
26
AIIGLIST
1998
—.
Act
No.
36,
1998
NATIONAL WATER ACT. 199X
II&clmition
of
cetlain
uclivilies
as
controlled activities
Part 6: General
authorisatiotts
39,
Gcnertii
uu(horisations
to use
wuter
Part 7: Individual applications for licences
40.
Applictition
lor
liccncc
4
I. Procedure
for
Iicence
tipplicutions
42,
Reasons
for
decisions
Part
8:
Compulsory licences
for
water use in respect of specijic resource
5
43.
44,
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
59.
60.
61.
62.
Compulsory
Iicence
applications
Late
applications
Proposed allocation schedules
Preliminary allocation schedule
Final
allocution schedules
Licences
rcpltice
previous entitlements
Part
9:
Review and renewal
of
licences, and amendment and
substitution of conditions of licences
Review
and
amendment of licences
Format
amendment of
Iicences
Successors-itl-title
Procedure
for
edrlier
renewal or amendment 01 licences
Part
10:
Contravention of or failure to comply with authorisations
Rectification
of contravention
Suspension or
wilhcirawal
of entitlements
to
use water
Surrender
of
Iicence
CHAPTER 5: FINANCIAL PROVISIONS
Part 1: Water use charges
Pricing strategy
i’~}r
wti[er
use charges
Application 01 pricing
strutegy
Recovery of water
use
charges
Liability
tor
water
usc
charges
Water
use
cborges
are
charges on land
Part 2: Financial assistance
Financial assistance by Minister
Regulations on
tinancial
assistance
lo
30
CHAPTER 6: GENERAL POWERS AND DUTIES OF MINISTER
35
63.
64.
65.
66.
67.
68.
AND DIRECTOR-GENERAL
Part 1: Delegation, directives, expropriation, condonation and
additional powers
Eklegiition
01
powers
and
duties by Minister
Expropri:Kion
of property
Expropriation
for
rehabilitation
and
other’
remedial work
Condonation
of
ftiilure
to comply with time period
Dispensing with certain requirements
of
Act
Intel-vcntion
in litigation
40
88
.\!)
1)1s?
(io\I.
I<,
xLII.N
I
(;.lzl.[rk
3,
.AIK;I
SI
IWN
\cl
\ll.
3(1,
1998
N
YI
lo
N,\l.
\\’,Al
I.R
A(’1,
lLJ~)S
()’).
70,
71.
72.
73.
1-1.
75,
70.
(’HAIYI’IR
7: CATCHhll{NT NIANA(;ENIENT AGENCIES
Part
I: Estaltlishmetlt
{Ittd
po
wers
of
catch
mettt management agencies
77,
78.
7’),
X().
xl,
82.
83.
M.
85.
86,
Part
-/:
liltk’t.l’(’tlti(~il,
{li.ve.Yt[lh[i.vll
ttteflt
or
chttnge
of
nwter
munagettt
t)nt
87.
88.
89,
90,
91.
~)?,
93.
94.
95,
9(>
07,
~)x.
~)~)
10
-H)
45
Ill
N(I.
l~Jl
X2
GOVE
LNMENT
GAZETTE.
26
AUG[JST
1998
Act No.
36,
1998
NATIONAI.
WATEF
ACT.
1998
I
00.
101.
102.
103.
1
(M.
105.
I
06.
107.
108.
109.
I
10.
Ill.
112.
113.
114.
115.
116.
117.
118.
119.
I
20,
121.
122.
123.
124.
125.
126.
127.
128.
129.
130.
131
I
32
133
134
135
I
36
Rcgufatior?s
regarding
irdvisory
committees
Transiti(mal
provisions relating
to
advisory
C(
mrnittees
CHAPTER 10: lNTL?RNAIIONAI.
WATE
1
MANAGEMENT
Establishment of’ bodies to implement interna
ional
agreements
Governance and functions of bodies
Powers
of
bodies
Bodies must manage different functions as
se]
~arate
units
Reports on performance of’ functions
Investigation of affairs or financial position 01 bodies
Transitional provisions relating to existing
bo
lies
CHAPTER
11:
GOVERNMENT WA IIERWORKS
Acquisition, construction, alteration, repair,
01
,eration
and control of govern-
ment waterworks
Comsultati(m
and environmental
impact
asses$
ment
Financing of government waterworks
Water from government
waterworks
Access to and use of government waterworks for
recreiitional
purposes
Government waterworks constructed before
c
)mmencernent
of Act
Disposal of government waterworks
Regulations regarding government waterwork
i
CHAPTER 12: SAFETY OF I
)AMS
Definitions
Control measures for dam with safety risk
Responsibilities of approved professional
pers
w?s
Registration of dam with safety risk
25
Factors to be considered in declilring
diim
or
ca
.egory
of dams with safety risk
Exemptions
Regulations regarding
dilm
safety
CHAPTER
13:
Acc13ss
TO AND RIGkI rs OVER LAND
Part I: Entry and inspectit n
Appointment
of authorised persons
Powers and duties of authorised persons
Part 2: Servitudes
Definitions
Acquisition of servitudes
35
Rights and duties of servitude holders
i~nd
Ian{
Iowners
Procedure for acquisition and amendment ofs
:rvitudes
Powers of High Court in respect of
Cli]im
for
:
ervitude
Compensation payable for granting of
servituc
es
Noting of servitude and amendment by
endors
ment
against title deed
40
Cancellation of servitude
Joint
wtiterwork
involving servitude
Part 3: Waterworks and personals
?rvitudes
Ownership of’ waterworks on land belonging
t{)
another
Trimsfer
of
personid
servitudes
5
I
()
Is
20
30
45
14 N()
19182
GOVERNMENT GAZETTE,
26
AUGUST
1998
Act No. 36, 1998
NATIONAL
WATt31
ACT, 1998
5 MODEL CONSTITUTION OF WATER U
$ER
ASSOCIATION
6 WATER TRIBUNAL
7 ACTS REPEALED
CHAPTER
1
INTERPRETATION AND FUNDAMEN
;
‘AL PRINCIPLES
This Chapter sets out the fundamental principles of
th,
Act. Sustainability and equity
are
identl~ed as central guiding principles in the
motection,
use, development,
conservation,
managetnent and control of water resources. These guiding principles
recognise the basic human needs of present and
fu
‘ure
generations, the need to
protect water resources, the need to share some water
J
esources
with other countries,
the need to promote social and economic
developmetu
through the use of water and
the need to establish suitable institutions in order to
a
thieve the purpose of the Act.
National Government, acting through the Minister, is r
xponsiblefor the achievement
of these fundamental
prz”nciples
in accordance with
t~
~e
Constitutional mandate for
water reform. Being empowered to act on behalf of
th
e nation, the Minister has the
ultimate responsibility to
fuljil
certain obligations
rela
!ing
to the use, allocation and
protection of and access to water resources.
This Chapter also contains
de~nitions explaining he meaning of certain words
used in the Act as well as provisions regarding the int
‘rpretation
of the Act.
Definitions and interpretation
1. ( 1 ) In this Act, unless the context shows that
anotter meaning is intended—
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
(ix)
(x)
(xi)
(xii)
(xiii)
(xiv)
“aquifer” means a geological formation
whicn
has
struc~ures
or textures that
hold water or permit appreciable water
move]nent
through them;
“borehole” includes a well, excavation or my artificially constructed or
improved underground cavity which can be u
;ed
for the purpose of—
(a) intercepting, collecting or storing water in or removing water from
an
aquifer;
(b)
observing and collecting data and inform
]tion
on water in an aquifer; or
(c)
recharging an aquifer;
“catchment”,
in
relalion
to a watercourse or watercourses or part of a
watercourse, means the area from which
al
y rainfall will drain into the
watercourse or watercourses or part of a water
:ourse, through surface flow to
a
common point or common points;
“charge” includes a fee, price or tariff impost d under this Act;
“conservation” in relation to a water
resoun
e
means the efficient use and
saving of water, achieved through measures such as water saving devices,
water-efficient processes, water demand management and water rationing;
“Department” means the Department of
Watt
r Affairs and Forestry;
“Director-General” means the
Director-Genel
al of the Department;
“entitlement” means a right to use water in terms of any provision of this Act
or in terms of an instrument issued under this Act;
“estuary” means a partially or fully enclosed body of
water—
(a) which is open to the sea permanently or
~eriodically;
and
(h)
within which the sea water can be diluted, to an extent that is measurable,
with fresh water
dmined
from land;
“government waterwork” means a waterwork owned or controlled by the
Minister and includes the land on which it is
:
ituated;
“instream habitat” includes the physical stru(ture of a watercourse
ond
the
associated vegetation in relation to the bed of the watercourse;
“Minister” means the Minister of
W~ter
Affairs
and Forestry:
“organ of state” has the meaning set out in se
;tion 239 of the Constitution;
“person” includes a natural person, a juristic p
:rson,
an unincorporated body,
an association, an organ
of state and the
Mini!
ter;
5
10
15
20
25
30
35
40
45
50
16
N()
l~JIX?
(;
OVEII
NMENT
[;
AZE:[”lE;,
26
AUGUST
1998
,ict
N().
36.1998
NATIONAI.
WATER
%(
’T.
1998
(xv)
(xvi)
(xvii)
(xviii)
(xix)
(xx)
(xxi)
(xxii)
(xxiii)
(xxiv)
(xxv)
“pollution”
means
the
Llircct
or
indirect
alterati
m of
the
physical, chemical or
biological”
properties
of
a
water resource
so
as
to
make
it—
~css
l;t
[;)r any
trcnclicial
purpost
l~)r
which
it may reasonably
be
expected
to
bc
used:
(w
harmful
or
Potcnliallv
harmfu-
(fi~{)
to
the
weltare.
health
(w
safc[y
of
hu
nan beings;
(Ml)
to
any
aquatic or non-aquatic
organi
,ms;
(<()
[o
the
resourm quality: or
(old)
to
property;
“prescribe” means prescribe by regulation:
“protcc[ion”, in relation
to
a water resource,
].lean-
(CJ)
maintenance ol the quality of
(he
water
I
esource
to
the
extent
that the
water resource may
be
USCLI
in an
ccologi
ally
sustainable way;
(/))
prevcnti(m
of
(he
degradali(m
01
the
wale
rcsouru:
and
([)
the
rehabilitation of
the
water
resource;
“Reserve”
means
(Iw
quantity
anLI
quality of\
/ater
requirecl-
(fl)
to
satisfy basic butrlan needs by
secur
ng
J basic water
supply,
as
prescribed
umlcr
tbc
Water
Ser\ices
Act. I )97 (Act
N(),
108
~}f
1997). for
people
who
are now or
who
will, in
(he
r,
as(mahly
near
tuturc.
be—
(i) relying upon;
(ii )
t:iking
w;ltcr
from:
(w
(iii ) being
sLlpplied
from,
the relevant
water
resource:
anLI
(b)
to
prolect
aquatic
ecosystems
in
(mlcr
to
s
:cure
ccoiogically”
sustainable
dcvcl(qlmcnt
ancl
use
of
[he
relek:ult
watt resource:
“rcsfmrcc
qu:ili(y”
rnc:lns
the
quality
of
till
II-:
:ispects
of a water resource
including-
((/)
the qllillltl[y.
p~l[[drll,
[1111111~,
Wllkr
ICVL21
[1
ILI
21
SSLlrWICe
Of
i!IStrClllll
f]OW;
(/~)
the waler quality, incluLling
Ilw
physi( al,
chemical and
bi[~logical
characteristics of
(he
water;
(c)
the
character and condition of
[be
instreal
1
and riparian habitat: and
(~/)
the
characteristics,
L(mdition
and
distrihul
ion of the aquatic
biot:l:
“responsible
auth(wily”,
in relation
to
a
speci(
c power or
dLity
in respect
of”
water
uses.
mean--
((l)
it that power or duty has been assigned b y the Minister
to
a
catcbmen[
nmnagcment
agency. that
catchmcnt
man:
gement
agency: or
(b)
it
that
power
or
Lluly
has
nt~t
been
st)
awi,
med.
the Minister;
“riparian habitat”
includes
the
physical
structu]
e and associated vegetation of
the
areas associated with a watercourse which a
-e
commonly characterised by
alluvial soils,
and
which are inundated or
tlo
xled
to
an
extent and with a
frequency sufficient
to
support vegetation of
St
ecies with a composition and
physical structure distinct from those
of
adjacc
nt land areas;
“this Act”
includes
any regulations made
undt
r this Act:
“waste” includes any solid material or material bat is
suspenckxi,
dissolved
or
transported in water (including sediment)
and
w
hid] is spilled
or
deposited on
land or into a water resource in such volume. composition or manner as
10
cause, or
to
be reasonably likely
to
cause. the
vater
resource
to
be
polluted:
“watercourse”
means-
((I)
a
river or spring:
(h)
a natural channel in which water flows
ret:ular-ly
or intermittently:
({)
a
wetland.
lake
or dam into
which,
or
fror
1
which,
water
flows:
und
(d)
any collection of water which
the
Minister may, by
notice
in the
G[/:c/tc,
declare
(o
be a watercourse,
and
a
reference
to
a watercourse includes.
whee
relevant, its bed
and
banks:
“water management
area
“ is an area establish 1
as
a management unit in the
national water resource strategy within
whit
h a
catchment
management
agency
will conduct
the
protection. use. develo
mwnt,
conservation,
manage-
ment
and
control of water resources:
5
I
()
15
20
VJ
30
35
40
45
50
55
lx
?J().
1{)
I
S2
GOVt
RNMENT
(;
AZETTE.
26
A(IGLIST
1998
Act
No.
36,
1998
NATIONAL WATE
(
ACT.
199X
(xxvi)
“water management inslitLltion”
means
:1
ca chment management agerwy.
a
water user
association,
a
body responsible
1
x
intermrliomrl
wflter
manage-
ment
or
any person
who
Iultils
the
Iuncl
ions 0{
a
water
nlanagenwnt
institution in terms of this Act;
(xxvii)
“water
resource’”
includes
a
w:itercxml-sc,
sur
lace
water,
estuary.
(w
:Lquitel-:
(xxviii)
“w:lterwork”
includes
any
borehole,
strut
ure.
earthwork
or
equipmen[
ins[:illcd
or
used
Ior
or
in connection with
Wi,tcr
use;
(xxix)
“wetland”’ means land which is transitional between terrestrial
and
aquotic
systems where the
water
table
is usually at
o]
new
the
surface, or the land is
periodically covered with shallow water,
and
which
land
in normal
circumstances supports
or
would support vegetation typically adapted to life
in
s:uurated
soil.
(2) In this Act. where
a
word or expression is given
a
particular meaning, other
par[s
of speech and grammatical forms of that word
or
exprt
ssion
have,
unless
the
contrm-y
intention appears from the
relev:mt
provisions, corresp
mding
meanings.
(3) When interpreting
a
provision of this
Act,
tiny
re:
sonable
interpretation which is
consistent with the purpose
(>f
this Act as stated in
secti(
n
2.
must
hc
prefcrrul over
any
altcrnati\Je
intcrprc
totion
which is inconsistent with
th:l
purpose,
(4)
Expl:m:il(wy
notes.
printed in bold
itnlics.
:It
the
c
ommenccment
of
Ch:iptcrs
:md
Parts
must not
be
used
in the
interpret:]tion
of any pro\
ision
of
this
Act.
(5) Any directive or notice
given
in
(ernw
of this lcI must
he
in
\vriting,
unless
otherwise specified in this Act.
Purpose
of Act
2. The purpose of’ [his Act is to ensure that
(he
nation”+
w~ter
resources
are
protected.
used, developed, conserved, managed
and
controlled
i[
ways which take into account
amongst other
flrctors—
(CJ)
meeting the basic human needs
of’
present an
i
future generations:
(b)
promoting equitable
access
to
water;
(() redressing the results
ot’
past
raciol
and
gendt
r discrimination;
(d)
promoting the etlicient, sustainable and bene
ici:d
use of water in the public
interest:
(c)
I’acili[atin.g
social
and
ecxmomic
tievelopmenl,
(/)
providlog
for growing
demand
for
woter
use:
(~)
protecting
uquatic
;Ind
msociated ecosystems
and
their biological diversity:
(h)
reducing
and
preventing
polluti(m
:md
degrfic
ation
of’
water
resources:
(i) meeting international obligations;
(j)
promoling
darn safely;
(k)
managing
tloocis
and
droughts,
and
for
achiev
in:
this purpose. to establish
suit:~b]e
ins!
itutions
and
to ensure that they
huve
appropritite
community. racial and gender
reprcsel
Itation.
Public trusteeship of nation’s water resources
3.
( 1 ) As the public trustee of the nation-s water
resol
rces the National Government.
acting
through the Minister. must
emsurc
that
water
s protected, used, developed,
conserved,
m;muged
tind
controlled
in:1
sustainable
and
~
quitable
manner,
for
the
benefit
of
:111
pcrs(ms
und
in uccodance with its
cons[itu(ion;(l
nwld;l(c.
(?)
Without limiting subsection ( I
),
the
Minister is
Llltimiltely
responsible to ensure
tba[
wutcr
is allocated
equittibly
and
used
bcneliciall,
I
in the public interest, while
promoting
cmvironmentul
volues.
(3) The National Government.
octing
through the
Mit
ister.
hus
the
power to
regulate
the
USC.
!low
:md
control of
:111
water in the Republic.
5
I
()
15
Z()
X5
30
35
40
2(J
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19
I X2
(;OVF
RNMENT
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26
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1998
Act N().
36,
1998
NATIONAL
WATEI
ACT,
199X
Entitlement to water use
4. ( I ) A person
may
use
w:iter
in or from
a
water resource
for
purposes such
:LS
reasonable domestic use, domestic gardening, anim II watering, fire fighting and
recreational use, as set out in
%hedule 1.
(2) A person may continue with
an
existing
lawful
water use in accordance with 5
section 34.
(S)
A person may use water in terms of
a
general
aut
mrisation
or
Iicence
under this
Act.
(4) Any entitlement granted to
u
person by m under [I
is
Act replaces any right to use
water which that person
might
otherwise have been
abl
:
to enjoy or enforce under any 10
other law—
(a) to take or use water;
(h)
to
obstruct
or
divert a flow of water:
([)
to
affect the quality of any
water;
(d)
to
receive any particular flow of water;
(e)
to
receive a
Ilow
of water of any particular
qilality;
or
(,/)
to
c~)nstruct.
operate or maintain any
waterw~
Irk.
Is
CHAPIER 2
WATER MANAGEMENT
STR,
iTEGIES
This Chapter deals
with
the development of
stra,
egies to facilitate the proper 20
management of water resources.
Part I : National water resource strategy
Part I requires the progressive development, by
d,
e Minister, after consultation
with society at large, of a national water resource strategy. The national water
resource strategy provides the framework for the
~rotection,
use, development, 25
conservation, management and control
of
water
re.wm
ce.v,ftw
the country as a whole.
It also provides the framework within which water
w
ill be managed at regional or
catchment level, in dejined water management areas The national water resource
strategy, which must be formally reviewed from
tit,
te
to
titne,
is binding on all
authorities and institutions exercising powers or
perft rming duties under this Act.
30
Establishment of national water resource strategy
5.( I ) Subject
to
subsection (4). the Minister
must,
as
soon
as reasonably practicable,
by notice in the
Guzefte,
establish a national water reso
~rce
stmtegy.
(2) The notice must state the address where the
strat~
gy
may
be inspected.
(3) The water resources
of the Republic must b: protected, used, developed,
35
conserved, managed and controlled in accordance will the national water resource
strategy.
(4)
A national water resource
strategy-
(f/)
may he established in a phased and
progrc
wive
tmanner
and
in separate
components over
time:
and
40
(h)
must
be
reviewed at intervals of not more than five years.
(5) Before establishing a national water resource
str:
.tegy
or any component of that
strategy in terms of subsection ( I ), the Minister
nlust-
(CI)
publish a notice in the
G(ixtte-
(i) setting out a summary of the proposed strategy
or
the component in 45
question;
(ii) stating the address where the proposed strategy or the component in
question is available for inspection: and
(iii) inviting written
c~~nlnlents
to
be
submitt
:d
on
the proposed strategy or
the component in question, specifying
a
n address
to
which and a date 50
before which comments must be
subn-
itted, which date may not be
earlier than
90
days after publication of be notice:
(h)
consider what further steps. if any. are
appropt
itite
to bring tbe contents of the
notice to the attention
of interested persons.
md
take those steps which the
Minister considers to be appropriate; and
55
YJ
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1°18?
GOVI
RNMf;NT
GAZETTE,
26
AIJG(IST
19Y8
Act N().
M,
1998
NATloNA1.
W.NIY
<
ACT.
199X
(<) consider
all
comments received on or
before
the date specified in paragraph
(~i)(
iii),
Contents of national water resource strategy
6. ( I ) The national water resource strategy
must,
SUI
ject
to
section 5(4)(a)–
((l)
(b)
(c)
(d)
(e)
(t)
(g)
(/1)
(i)
(j)
(k)
(1)
(2) In
set
out
the strategies,
objective~:
plans.
gu
delines
and
procedures
of the
Minister and institutional arrangements
rc
Iating
to
the protection, use,
development, conservation, management a
id
control of water resources
within the framework
of existing relevant
~overnment
policy in order to
achieve—
(i) the purpose of this Act;
and
(ii) any compulsory national standards pres
:ribed
under section 9(I) of the
Water
Services Act,
1997
(Act No. 108
of
1997);
provide for at
least—
(i) the requirements of the Reserve and
idt
ntify, where appropriate, water
resources from which particular require
nents
must be met;
(ii) international rights and obligations;
(iii) actions to be taken to meet projected
fu
ure water needs; and
(iv) water use of strategic importance:
establish water management areas and
deterr
line
their
bounciaries;
contain estimates of present and future
wate~
requirements;
state the
total
quantity of water available with n each water management area;
state water management area surpluses or de
icits;
provide for
inter-catchment water trmsfers I
letween
surplus water manage-
ment areas rrnd deficit water management
art
as;
set out principles relating to water
conservat
on and water demand
manage-
ment:
state the objectives in respect of
water
qua
ity to be achieved through the
classification system for water resources
pro
‘ided
for in this
Act:
contain objectives for the establishment of institutions to undertake water
resource management;
determine the inter-relationship between
nstitutions
involved in water
resource management: and
promote the management of
catchments with n a water management area in a
holistic and integrated manner.
determining
a
water management area in [arms of subsection ( I
)(c),
the
Minister must take into
account—
(a) watercourse catchment boundaries;
(/2)
social and economic development patterns;
(c)
efficiency considerations; and
(d)
communal interests within the area in
questil
m.
Giving effect to national water resource strategy
7. The Minister, the Director-General.
an
organ of state and a water management
institution must give effect to the national water
resour
‘e
strategy when exercising any
power or performing any duty in terms of this Act.
Part 2:
Catchment management strategies
Part 2 requires every
catchment
tnanagement
age
7CY
to progressively develop a
catchment management strategy for the water
resourc,
IS
within its water tnanagement
area. Catch
rnent
management strategies must be in
h(
rmony with the national
w’ater
resource strategy.
In
the process of developing this
stm
tegy,
a
catchment
management
agency must seek co-operation and agreement on
F
‘ater-related
matters front the
various
stakeholders and interested persons. The
ca~
chrnent
management strategy,
which must be reviewed from time to time, will inch
lde
a water allocation plan. A
5
I
()
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20
25
30
35
40
15
50
24
No.
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GOV
:RNMENT
GAZETTE,
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AUGUST
]
998
Act No.
36, 1998
NATIONAL WATER ACT, 199X
catchment management strategy must set principles.
~or
allocating water to existing
and prospective users, taking into account all
matter~
relevant to the protection, use,
development, conservation, management and control of water resources.
Establishment of
catchment management strategie!
8. (
1
) A catchment management agency contemplate
J
in Chapter 7 must, by notice in 5
the Gazette, establish a catchment management
stl
ategy for the protection, use,
development, conservation, management and control
oi
water resources within its water
management area.
(2) The notice must state the address where the
str[
tegy may be inspected,
(3) A
catchment management strategy—
10
(a) may be established in a phased and
progr~ssive
manner and in separate
components over time; and
(b)
must be reviewed at intervals of not more
th
m five years.
(4) A
catchment
management strategy or any compo
lent
of that strategy may only be
established with the written consent of the Minister.
15
(5) Before establishing
a
catchment management
st
ategy or any component of that
strategy in terms of subsection ( l), a
catchment
mana~
emeot agency
must—
(a) publish
a
notice in the Gaze~[e-
(i) setting out a summary of the proposed
:atchment
management strategy
or the
componen(
in question;
20
(ii) stating the address where the
propose(
I strategy or the component in
question is available for inspection; anc
(iii) inviting written comments to be
submi.ted
on the proposed
stmtegy
or
the component in question, specifying
m address to which and a date
before which comments must be
subt
litted, which date may not be 25
earlier than 90 days after publication of the notice;
(b)
consider what further steps, if any, are
appror
riate
to bring the contents of the
notice to the attention of interested persons, and take those steps which tbe
catchment management agency considers to be appropriate; and
(c)
consider all comments received on or befort the date specified in paragraph
30
(a)(iii).
Contents of
catchment
management strategy
9. A catchment management strategy
must—
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
take into account the class of water resources and resource quality objectives
contemplated in Chapter 3, the
requireme]
Its
of the Reserve and, where 35
applicable, international obligations;
not be in conflict with the national water
res,
mrce
strategy;
set out the strategies, objectives, plans, gu
ldelines
and procedures of the
catchment management agency for the
protet.tion,
use, development, conser-
vation, management and control of
watt
r resources within its water 40
management area;
take into account the geology, demography,
1
md
use, climate, vegetation and
waterworks within its water management
area;
contain water allocation plans which are subject to section 23, and which must
set out principles for allocating water, taking into account the factors 45
mentioned in section 27(1);
take account of any relevant national or regi
mal plans prepared in terms of
any other law, including any development
pl:
n adopted in terms of the Water
Services Act, 1997 (Act No. 108 of 1997);
enable the public to participate in
managirq
the water resources within its 50
water management area;
take into account the needs and expectations of existing and potential water
users; and
set out the institutions to be established.
?
()
N()
101X:
(X)V
:RNklEN”r
[;,\
Zi;lTI:.
?6
A[lGllST
19[)8
Ad
No.
36.
1998
N/\TloNAl
WAH
R
A(”T.
11)9X
Guidelines
for
and consultation
on
catchment
man gernent strategies
10. ( I )
The
Minis(cr
may
cs(ablish
guidelines 10
d)e
prcptiration
of catchtnent
management
\tra(cgics.
(2)
In
de\cl{Jping
a
catchment
mantigeinent
strw
egy,
a
catchment management
agency
must consult
with—
((l)
[he
Minister;
(h)
tiny
organ
t~f’
s(a[e
which has an interest in
(}
e
corrtcn[,
elhxt
(Jr
implementa-
tion of’ the
catchmcnt management strategy:
and
(<)
any
pers(ms,
(n-
their representative
(wganiw
ions-
(i)
whose
activities allcct or might atiect ~ater resources
wi(hin
its water
management
area:
and
( ii) who
ha\/e
an interest in the content,
I
:fTcct
or
implernentution
of’
the
catchment management strategy.
(3) A
catchrnent
management agency must, befor: the publication
ofa
notice in
terms of section 8(5)(a),
refer
tothe
Minister
forcc]ns
deration
anddeterrninati()
n,
any
proposed component of a catchment management stra egy which in the opinion
of
the
catchment management agency—
(a) raises arnaterial question
ofpolicy:or
(b)
raises a
questio
nconcerning-
(i)
therei:l(i()nship
between
thel>ep:]rtJller
tandother
c~rgarls
(lfst:ite:c~r
(ii) the relationship between organs of skte and their respective roles in
developing or implementing
a
catchrne
It
rnanagenlent
strategy.
Giving
effect
to
catchment management strategies
11.
The
Minister and
the
catchrnent
management
ag
mcy
concerned must
give
effect
toanycatchment
rnanagernent
strateg
ymtablish
cduncerth
isPart
when
exercisin,g
any
poweror performinganydoty ir]terrlls(JftllisAct.
CHAPTER 3
PROTECTION OF WATER RE SOURCES
The protection of water resources is fundamental
j
related to their use, develop-
ment, conservation, management and
contra!.
Parts I, 2 and 3 of this Chapter lay
down a series
of
measures which are together intend
‘d
to ensure the comprehensive
protection of all water resources. These measures
ate
to
be developed progressively
within the contexts of the national water resource strategy and the
catchment
management strategies provided for in Chapter
2.
Par
k
4 and
5
deal
with measures to
prevent the polhition of water resources and mea ures to remedy the
efects
of
pollution of water resources.
Part 1: Classification system for
nvter resources
Part
I
provides for
the>r.st
stage in
theprotection
p)
ocess, which is the development
by the Minister of a system to classify the nation’
i
water resources. The system
provides guidelines and procedures for
determin~
ug
different
ciasses
of water
resources.
Prescription of classification system
12. ( I ) As soon as is reasonably practicable.
the
Min ster must prescribe a syskrn for
~[:lssifying
water resources.
(2)
The
systcm
Ior
classifying water
rewmrccs
may —
(~i)
cstahlish guidelines and procedures for
dc[er
nining dillerent classes of water
resources;
(h)
in respect
O(
each
class
of mater
rc.source-
(i) establish
pr(xxxlures
for determining
th
~
Reserve:
(
ii) establish
procedures
which
are
dcsigc
2
d
to satisfy the water
quali[y
requirements
(~t’
uater
users
as far as is reas(mhly possible.
without
signi(icltntly
altering
the natural
wate”
quality characteristics
of
the
rcw)urce:
5
10
15
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30
35
40
45
50
28
N(). 191X2
GO\
ERNMENT GAZETTE.
26
AUGUST
19%?
Act
No.
36,
19%+
NATIONAL WAT
IR
ACT,
1998
(iii) set out water uses for
instream
or
land based activities which activities
must be regulated
or
prohibited in ord
x
to protect the water resource;
and
(c)
provide for such other matters relating to t
\e
protection, use, development,
conservation, management
tind
control of
vater
resources, as the Minister 5
considers necessary,
Part 2:
Class@cation
of water resources and rmource quality objectives
Under Part 2 the Minister is required to use the
cl~ssijication system established in
Part I to determine the class and resource quality
b
bjectives of all or part of water
resources considered to be significant. The purpose
e
f the resource quality objectives 1 ()
is to establish clear goals relating to the quality of
i
he
relevant water resources. In
determining resource
quali~ objectives a balance mu
vt
be sought between the need to
protect and sustain water resources on the one hand, and the need to develop and use
them on the other. Provision is made for preliminary determinations of the class and
resource quality objectives of water resources before the formal
classl~cation system
15
is established. Once the class of a water resource
am
1
the resource quality objectives
have been determined they are binding on all
au horities and institutions when
exercising any power or performing any duty under
this
Act.
Determination of class of water resources and reso
mce
quality objectives
13. ( I ) As soon as reasonably
pmcticable after the dinister has prescribed a system
20
for classifying water resources the Minister must, subj:ct to subsection (4), by notice in
the
Gc{zei[e,
determine for
all
or part of every
signific
mt
water
resource-
(a)
a class in accordance with the prescribed
Cli
ssifrcation
system; and
(b)
resource quality objectives based on the class determined in terms of
paragraph
(a).
25
(2) A notice in terms of subsection (I) must state
th
t geographical area in respect of
which the resource quality objectives will apply, the requirements for achieving the
objectives, and the dates from which the objectives w
11
apply.
(3)
The objectives determined in terms of
subsecti
an
( 1 ) may relate
t(J—
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
the Reserve;
the
instream
flow;
the water level;
the presence and concentration of particular substances in the water;
the characteristics and quality of the water resource and the
instream
and
riparian
habitat;
the characteristics and distribution of
aquati(:
biota;
the regulation or prohibition of
instream
or and-based activities which may
affect the quantity of water in or quality of t
le water resource; and
any other characteristic,
30
35
of the water resource in question.
40
(4) Before determining a class or the resource quality objectives in terms of
subsection ( I), the Minister must in respect of each w
[ter
resource—
(a) publish a notice in the
Gaze?fe—
(i) setting out—
(au) the proposed class;
45
(bb)
the proposed resource quality objectives;
(cc)
the geographical area in respect of which the objectives will apply;
(old)
the dates from which specific obje
:tives
will apply; and
(ee)
the requirements for complying w
th
the objectives; and
(ii) inviting written comments to be
subnitted on the proposed class or 50
10
N()
l~Jl
X2
(io\l;RNNIENT(
i/\ZETTE.26A
[l
G[l
ST
199X
Act
N)..W
199S
NATIONAL
WATI
R
ACT.
199X
(/1)
((’)
proposed
rewwrcc
quality objectives (a; the case may be). specifying an
address
to
which and
a
dale
belore
.vhich
the comments are
to
be
sublnitkxi.
which
da(c
may
m][
be earlie than 60
ciirys
after
publicoti{m
of
the notice:
consider what further steps. ii’ any, are
apprmriate
to
bring the contents
01”
the
notice
to
the
attentitm
01’ interested
persnns,
find
take
thrrsc
steps which
(I1c
Minister considers
to
be
appropriate; and
consider
all
comments received on
or
befor
?
the date
specilied
in paragraph
(a)(ii)
Preliminary determination of class or resource
qu;
lity objectives
14. (1)
Until—
(a) a system for classifying water resources
ha:
been prescribed;
or
(/J)
a
CI:lSS
of’ a water resource
or
resource
qualit:
objectives has
I-reen
determined,
the Minister may,
for
all or part
of
a water resource ma
.e
u
preliminary
cieterrnination
of
the class
or
resource quality objectives.
(2) A determination in terms
of section i
3
superse
ies a preliminary determination.
Giving effect to determination of class of water resource and resource quality
objectives
15.
The Minister, the
Direc((lr-Gcncrai.
an
orgun
(
f
state
ami
a
wa(cr
management
instituti(m, when exercising any power
or
performing: ny duty in terms of this Act, must
give effect
to
any
determinati(m
of a class of a water
esource
and the resource quality
objectives as determined in
terms
of this Part and any “requirements
for
complying with
the resource quality objectives.
Part 3: The Reserve
Part 3 deals with the Reserve, which consists
of
tw(
parts — the basic human needs
reserve and the ecological reserve. The basic
llama,
I
needs reserve provides
,for
the
essential needs of individuals served by the water re
;oarce
in question and inciades
water
for
drinking, for food preparation and for
pi
rsonal hygiene. The ecological
reserve relates to the
w’ater
required to protect the
~
Iquatic
ecosystems of the water
resource. The Reserve
refer.r
to both the quantity md quality of the water in the
resource, and will vary depending on the class
(~’
the resource. The Minister is
required
to
determine the Reserve. for all or part of any sigttijicant water resource.
(f
a resource has not yet been classified, a preliminary
a
etertnination of the Reserve tnay
be tnade and later superseded by a new one. Once ‘he Reserve is determined for a
water resource it is binding in the same way as
tlu
cIass
and the resource quality
objectives.
Determination of Reserve
16. (
1
) As soon as
remonably
practicable after th
?
class
of
all
or
part nf a water
resource has been
cictermineci.
the Minister must.
by
nt
,tice
in the
Ga:eftt].
cieterminc
(he
Reserve
for
ail or part of
Iilat
waler
resource.
(2)
A
Lfcterrninati(m
of’
the Reserve rnmst-
(//)
be
in
accor~iance
with
tiw
class of
tile
wilt~l
resource as
cieterrnined
in terms
of section i
3:
and
(l))
ensure (hat
ildequate
allowance is made for
eiich
cornp(ment
of
(he
Reserve.
(
3
)
13ci’orc
determining the Reserve in terms of
SUI
)section
( i ), the Minister
musl-
([1)
publish
a
rl(]tice
in the G[f:c/tc’-
(i)
setting
out
the
pr~)pose(i
Reserve: and
( ii)
in\iting written comments
to
be
suhr
litted
on the
propmse~l
Reserve,
specifying an address
to
wilich
anti
a
d;
te
before which
c{mlments
are
to
be
submitted.
wilicil
(late
may
not
be earlier
tilan
60
clays
a(ter
publication of the
notice;
(/))
consiclcr
what
I’urtiwr
steps. if any,
are
apptx
priate
to
bring
IIle
contents of
tile
n~~tice
to
the
ilttentitm
of
interested
person)
, and take those steps which
tile
Minister considers
(()
be
appropriate:
iin~i
1()
5
1
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[9182 GOW
RNMENT
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1998
Act N().
M,
1998
NATIONAL WATE
?
ACT,
[998
(c)
consider all comments received on or before the date specified in paragraph
(a)(ii).
Preliminary determinations of Reserve
17. (
I
)
Until a system for classifying water resources has been prescribed or a class of
a
water resource has been determined, the Minister—
(o)
may, for all or part of a water resource; and
(b) must, before authorizing the use of water
unjler
section 22(5),
make
a
preliminary determination of the Reserve.
(2) A determination in terms of section 16(l) supe sedes a preliminary
tion.
Giving effect to Reserve
determina-
18. The Minister, the Director-General, an organ
of
state and a water management
institution, must give
etfect
to the Reserve
as
determ
ned in terms of this Part when
exercising any power
or
performing any duty in terms of this Act.
Part 4: Pollution
preventon
Part 4 deals with pollution prevention, and in
~
!articular
the situation where
pollution of a water resource occurs or might occur
1
!s
a result of activities on land.
The person who owns, controls, occupies or uses the land in question is responsible
for taking measures to prevent pollution of water
reso,
wces.
If these measures are not
taken, the
catchment management agency concerted may itself do whatever is
necessary to prevent the pollution or to remedy
tts
e~ects, and to recover all
reasonable costs
frotn the persons responsible for
the
pollution.
Prevention and remedying effects of pollution
19. ( I )
An owner of land, a person in control of land
I
~r
a person who occupies or uses
the land on which—
(o)
any activity or process is or was performed
t
r
undertaken; or
(b)
any other situation
exis(s,
which causes, has caused or is likely to cause pollution
I
jf
a water resource, must take all
reasonable measures to prevent any such pollution from occurring, continuing
or
recurring.
(2)
The measures referred to in subsection ( I ) may Include measures
to—
‘
(a)
(b)
(c)
(d)
(e)
w
(3) A
cease, modify or control any act or process”
c
ausing
the
pollution;
comply with any prescribed waste standard
t
,r
management practice;
contain or prevent the movement of
pollutan
:s;
eliminate any source of the pollution;
remedy the effects of the pollution; and
remedy tbe effects of any disturbance to the
)ed
and banks of a watercourse.
catchment management agency may direct a
ly
person who fails to take the
measures required under subsection ( 1 )
tc+
(a) commence taking specific measures before a given date;
(b)
diligently continue with those measures; and
(c)
complete them before a given date.
(4) Should a person fail to comply, or comply inadequately with a directive given
under subsection (3), the
catchment management ag
mcy
may take the measures it
considers necessary to remedy the situation.
(5) Subject to subsection (6), a
catchment rnanagem
mt
agency may recover all costs
incurred as a result of it acting under subsection (4) jointly and severally from the
following persons:
(a) Any person who is or was responsible
fot
or who directly or indirectly
contributed to, the pollution or the potential
)ollution;
5
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ERNMENT
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26
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No.
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N/\TIONA[.
W’ATI
R ACT.
19[)8
(b)
the owner d’
[he
land
aI
the
time
when tt e pollution or the potential
tot
pollution
occurred. or that
owner’s
successo--in-title:
([) the
perwm
in control 01
the
land or any
pers(
n who
hfis
a
right to use
the
land
lit
the time
when—
(i)
the
activity or the process is or was
pm
formed
or undertaken; or
(Ii ) the situation
cwme
about: or
(d)
any
person
who negligently failed
((~
preven:—
(i)
the activity or the process
being
pcrl’or
ned
or
undcrtuken:
or
(ii)
the
situation
from
coming
about.
(6) The catchmcnt management agency may in
rcsp
ct
of
the
recovery of
costs
under
subsection
(5).
clailn from
;my
other
person who, i
I
the opinion 01’ the
catchnwnt
mwl;
lgetncnt agency, benetitted
from
the
me;lsures
um
crtaken
under subsection
(~).
to
the
extent
(JI’
such
twnc~it.
(7)
The
costs claimed under subsection
(5)
must
I
m
tre:rmnatde
and may include.
with(ml
being
Iimitcd
to.
Iatx)ur.
administrative and
()!
erlwad
costs.
(8)
If’
more than
one
person is
liable
in terms o
subsection
(5). the
catchmcnt
mana:cment agency must, at the request of any
of
th(
se
persoms.
and
otter
giving the
other-s an opportunity to be heard, apportion
the
liability, but such apportionment does
not
rc]icve
~lny
01
[hem
ot”
IIwir
;oint
and several
Ii;lhilit
‘
for the
full
amoLInl
of
the
costs.
Part .5: Emergency
incid~
nts
Part
.5
deals with pollution
of
water resources fol
‘owing
an emergency incident,
such as an accident involving the spilling of a
harm”ul
substance that finds or may
jind
its
way
into a water resource. The responsibility j
v
remedying the situation rests
with
tite person responsible for the incident or the s tbstance involved. If there is a
failure to act, the relevant
catchment management
(tgency
may take the necessary
steps and recover the costs from every responsible pe
won.
Control of emergency incidents
20. ( I ) In this section “incident”
inc]udes
any
il,
eident
or accident in which a
substance-
(CI)
pollutes or has the potential to pollute a
wa((
r
resource: or
(b)
has,
~w
is likely
10
have. a detrimental etlect on a water resource.
(2)
In this
secti(m.
“responsible
pwwm”
includes a
ly
person
who-
(~1)
is responsible
Ior
the
incident:
(b)
owns the substance involved in the incident: or
(r) w:is
in
control
of’
the
substimce
involved
in
the incident at the time
of
the
incident
(3)
The [responsible person.
any
other
pers(m
invol
led
in the incident or any
other
person with knowledge of
the
incident must,
m
soon as reasonably
practicable
alter
obt;iinirrg
knowlecige
of the incident.
report
to-
(a) the
Departtnent:
(h)
the
South
African Police Service or the rele\
nnt
fire department: or
({)
the relevant catchment management agency
(4)
A responsible person
mtlst-
(a) take
all
reasonable measures
to
contain
at
d
minimise the
ef}ccts
of
lhc
incident:
(/?)
undertake
C[eilll-Llp
procedures:
(() remedy the
ctfccts
t}f’
the incident: and
(d)
(iike
such measures as the catchmenl
managcinent
agency
may either verbally
or in writing
direct
tvi(hin
the time
specilied
by such institution.
(5)
A
verbal
dircctivc
must be confirmed in writing within
14
days, failing which it
will
be
deemed
to have been withdrawn.
(6)
Should-
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N
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CT,
II)YX
(a)
the responsible person fail to comply. or
Inadequately
comply
with a directive:
or
(b)
it not
be
possible to
give
[he
directive to [he responsible person
timeously.
the
catchmertt
management
agency
may
tuke
[he
meosures
it considers
necessury
to—
(i) contain
and
minimise the effects of the incident:
(ii) undertake clean-up procedures:
wld
(iii ) remedy the effects of the incident.
(7) The
catchment management
agency
may recover’ all reasonable costs incurred
by
it from every responsible person jointly and
severail~.
(8) The costs claimed under subsection (7)
may
Include.
withput
being
limited
to.
Iabour.
administration and overhead
costs.
(9) If more than one person is liable in terms
of
subsection
(7).
the catchment
management
agency
must. at the request of
any
of those persons. and after
giving
the
others an opportunity to be heard. apportion the liability. but such apportionment does
not relieve
any
of them of their joint and several liability
for
the
full
amount of the costs.
CHAPTER
4
USE
OF WATER
As this Act is founded
on
the principle that
,Vational
Government has overall
responsibility for and
aathon”ty
over water resource management,
inc[uding
the
equitable allocation and beneficial use of water in the public interest, a person can
only
be entitled to use water if the use is permissible under the
.4ct.
This Chapter is
therefore of central
signi)cance
to the Act, as it lays the basis for
reguiah”ng
water use.
The various types of licensed and unlicensed entitlements to use water are dealt with
in detail.
Part 1: General Principles
This Part sets out general principles for regulating water use. Water use is
dejined
broadly, and includes taking and storing water, activities which reduce stream
jiow,
waste discharges and disposals,
controlled
ach”viti”es
(activifi”es
which impact
detrimentally on a water resource), altering a watercourse, removing water found
underground for certain purposes, and recreation. In general a water use must be
licensed unless it is listed in Schedule I, is an existing lawful use, is permissible under
a general
authorisati”on,
or if a responsible
authon”~
waives the need for a
licence.
The Minister may limit the amount of water which a responsible authori~ may
allocate. In making regulations the Minister may differentiate between different water
resources, classes of water resources and geographical areas.
Water use
21. For the purposes
of this Act. water use
includes—
((Z)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
taking water from a water resource:
storing water:
impeding or diverting the flow of water in a watercourse:
engaging in a stream flow reduction activity contemplated in section 36;
engaging in a controlled activity identified as such in section 37( 1 ) or declared
under
se~tion
38(1):
discharging waste or water containing waste into a water resource through a
pipe, canal. sewer. sea outfall or other conduit:
disposing of waste in a manner which may detrimentally impact on a water
resource;
disposing in any manner of water which contains waste from. or which has
been heated in.
any
industrial or power generation process;
altering the bed, banks. course or characteristics of a watercourse:
5
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\
4TION
AL
LV,irER
<CT.
1998
(j)
removing, discharging or disposing
ot’
water
found
underground
il’
it
is
necessary
for
the
etficient
continua~ion
of
Ml
activity
or
for
the
>afety
(JF
people:
and
(k)
using
w~ter
For
recreational purposes,
Permissible water use
22,
(
1
J
A person may onlv use
water-
(u) without a
lic&ce-
(i)
if that water use is permissible under Schedule I:
(ii)
if that water use is permissible as
a
continuation of
zn
existing
lawful use; or
(iii) if
that water use is permissible in terms of
a
general authorisation
issued under section
39:
(b)
if the water use is authorised
by
a
licence
under this Act: or
(c)
if the responsible authority has dispensed with
a
Iicence
requirement
under subsection (3).
(2) A person who uses
water
as contemplated in subsection (
1
)—
(a)
must use the water subject to any condition of the
rele~ant
authorisation for
that use:
(b)
is subject to any limitation. restriction or prohibition in terms of this
Act
or
any
other applicable law:
(c)
in the case of the discharge or disposal of waste or water containing waste
contemplated in section
2
l(j]. (g).
(h)
or (j). must comply with any applicable
waste standards or management practices prescribed under section
26(
I)(h)
and
(i).
unless the conditions of the relevant authorisation provide otherwise:
(d)
may
not waste that water: and
(e)
must return
any
seepage. run-off
or
water containing waste which emanates
from that use. to the water resource from which the water was taken. unless
the responsible authority directs otherwise or the relevant authorisation
provides otherwise.
(3)
A
responsible authority may dispense with
the
requirement
for
o
licence
for water
use
if it is satistied that the purpose of this Act will
be
met
by
the
grant
of a
Iicence.
permit or other authorisation under any other law.
(4)
In the interests of co-operative governance, a responsible authority may promote
arrangements with other organs of state to combine their respective
Iicence
requirements
into a
single
Iicence
requirement.
(5)
A responsible authority may. subject to section
17.
authorise the use
of
water
before—
(a) a national water resource strategy has been established:
(b)
a catchment management strategy in respect of the water resource in question
has been established:
(c)
a classification system
for
water resources has been established:
(d)
the class and resource quality objectives for the water resource in question
have been determined; or
(e)
the Reserve for the water resource in question has been finally determined.
(6) Any person who has applied
for
a
Iicence
in terms of section
43
in respect of an
existing lawful water use as contemplated in section 32. and whose application has been
refused or who has been granted
a
Iicence
for a lesser use than the existing lawful water
use, resulting in severe prejudice to the economic viability of an undertaking in respect
of which the water was beneficially used, may. subject to subsections (7) and (8). claim
compensation for any financial loss
sutiered in consequence.
(7) The amount of any compensation payable must be
determined—
(a)
in accordance with section
25(3)
of the Constitution: and
(b)
by disregarding any reduction in the existing
lawful
water use made in order
to--
(~)
provide for the Reserve;
(ii) rectify an over-allocation of water use from
the
resource in question: or
(iii) rectify an unfair or disproportionate water use.
(8)
A claim for compensation must be lodged with the
Water
Tribunal within six
months of the relevant decision
of the responsible authority.
5
10
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40
,No.
19)82
GOVERNNIENT
GAZETTE.
26
AUGUST
IWH
.\ct
No.
36.1998
NATIONAL
W,ATER
.ACT.
1998
(9)
The Water Tribunal has jurisdiction to determine liability for compensation
and
the amount of compensation payable in terms of this section.
( 10) After the Water Tribunal
has
decided that compensation is payable and
determined the amount
of compensation. the responsible authority
may
enter into
negotiations with the
claimant and. within
30
days after the decision
ot
the Water 5
Tribunal, offer an allocation
ot’
wuter
instead
ot’
compensation.
Determination
of quantity of water which may be allocated
by
responsible
authority
z3.
(
I
)
Subject to the national water resource strategy the Minister
may
determine the
quantity of water in respect
of which a responsible authority may issue
a
general 10
authorisation and a
Iicence
from water resources in its water management area.
(2) Until a national water resource strategy has been established, the Minister may
make a preliminary determination of the quantity of water in respect of which a
responsible authority may issue a general authorisation and
Iicence.
(3)
A
preliminary
dete~inatlon
must be replaced by a determination under 15
subsection ( 1 ) once the national water resource strategy has been established.
(4)
A responsible authority must comply with any determination made under
subsection ( 1 ) or
(2).
(5) In making a
dete~ination
under subsections (
1
) and
(2)
the Minister must take
account of the water
availabie
in the resource.
~o
Licences for use of water found underground on property of another person
24. A
licence
may be granted to use water found underground on land not owned
by
the applicant if the owner of the land consents or if there is good reason to do so.
Transfer of water use authorisations
25. (1)
A
water management institution may. at the request
of
a person authorised to
25
use water for irrigation under this Act. allow that person on a temporary basis and on
such conditions as the water management institution may determine. to use some or
ail
of that water for a different purpose, or to allow the use of some or all of that water on
another property in the same vicinity for the same or a similar purpose.
(2) A person holding an entitlement to use water from a water resource in respect of 30
any land may surrender that entitlement or part of that
entitlement—
(a)
in order to facilitate a particul~
Iicence
application under section
41
for the
use
of water from the same resource in respect of other land: and
(b) on condition that the surrender only becomes effective if and when such
application is granted.
35
(3) The annual report of a water management institution or a responsible authority. as
the case may be, must, in addition to any other information required under this Act.
contain details in respect of every permission granted under subsection ( 1 ) or every
application granted under subsection (2).
Regulations on use of water
40
26. ( 1 ) Subject to subsection (4). the Minister may make
regulations—
(a)
limiting or restricting the purpose, manner or extent of water use;
(b)
requiring that the use of water from a water resource be monitored, measured
and recorded;
(c)
requiring that any water use be registered with the responsible authority;
45
(d)
prescribing the outcome or effect which must be achieved by the installation
and operation of any waterwork;
(e)
regulating the design, construction. installation, operation and maintenance of
42
N()
l~)lx2
(;OV
,RNMEN”I
(i)\7.tIT[i.
26
A(l(i
LIS’r
l’)~)x
AN
No.
.M.
199ft
NW
loNA[.
W’AT[
R
/!(’T.
19’)8
any water-work,
where
it
is necessary
(Jr
Liesil
able to monitor
tiny
water use or
It)
protect
u
waler
res(mrce:
(/)
requiring qualifications for and registration
lt
persons
aulh(wiscd
ttl
design.
construct.
insttill,
operate and
m:linlain
any v
aterwork,
in order
to
protect the
public and to safeguard human life
and
pro~~rty;
5
(,~)
regulating
or
prohibiting
any
activity in ord
‘r
to protect
a
water resource or
instream
or
riparian
habitat;
(h) prescribing waste
st;inclards
which specify
tt
e quantity. quality and tempera-
ture 01’ waste which may
be
discharged or de
msited
in(o
or
allowed
[o
enter a
water resource;
1
()
(i)
prescribing the outcome or
etfect
which
mu
J(
be
achieved through
manage-
ment
practices
t’or
the treatment
of
waste, o
any
elms of waste, before it is
discharged
or
deposited into or allowed to e
)ter
a
tvater
resource:
(j)
requiring that waste discharged
or
deposited into or
allowed
to enter
a
water
resource be monitored
and
amdysed.
and
prescribing methods
for
such
15
monitoring
and
analysis:
(k)
prescribing procedural requirements
for
lice
Ice
applications;
(/)
relating to transactions in respect of
aurhoris;
tions
to use water, including but
not limited to-
(i) the circumstances under which a
transa
:tion
may be permitted:
Z()
(ii) the conditions subject to which a
tramsi
ction
may take place; and
(iii) the procedure to deal with a transaction;
(ni)
prescribing methods
for
making a
volumetr
[c
determination
of’
uater
to be
~lscribed
to a stream flow reduction acti\
Ity
for
purposes of water use
allocation and the
imposition
of charges:
15
(n)
prescribirlg
procedures
ti)r
the
allocation of w
.iter
by
means of public tender or
auction: and
(o)
prescribing-
(i) procedures
for
obtaining: and
(ii ) the
rtquircd contents of.
assessments
ot
(he
likely
effect
which any
p[
.)poscd
licence
may have on the
qu:l)ity
of”
the
w~lt~r
res(~ur~c
in
qL1estion.
(~)
Regulations
made
Under
sLlbsection (
I
) Inay -
(a)
diflkrentia(e
between different water
resourc
:s
and
dit~erent
classes
ot’
wuter
res(wrces:
35
(/~)
Lfillerentiate
between di~erent geographical
ireas:
and
(() create
oflences
and
prescribe penalties.
(3)
Regulations made under subsection (
I
)(h),
(i)
ald
(,j)
may
contain-
(~{)
general provisions applicable to all waste; at
d
(b) specific provisions applicable to waste with
,pecitic
chflracteristics.
40
(4)
When making regulations, the Minister must take into account
all
relevant
collsicler:tti(~tls,
including the need
to-
({/)
promote the economic and sustainable use o water:
(/~)
conserve and protect water resources or. inst earn and
riparian
habitat:
(() prevent wasteful water me:
(d) facilitate the management of water use
and
\
waterworks:
(c)
facilitate the monitoring of
water
use and
w:
ter resources: and
(f)
facilitate the imposition and recovery of
cha
ges.
30
Part 2: Considerations, conditions and
essentia
’ requirements of general
authorisations and
Iicen{
es
50
This Part
dea[s
with matters reievant to all genet al authorisations and licenees
issued ander the Act. It
gliides responsible alltho
-ities
in
tit
e exercise of their
discretion to issue and to attach conditions to general authorisations and
[icences.
It
also sets out the essential features of
licences,
such as efiective periods, purposes and
places for
which they may be issued, and the nature of
‘onditions
that maybe attached
55
to
thcvn.
The granting of a
Iicence
does not
implv
any guarantee regarding the
availability or
qualilv of water which it covers.
44
N(J.
191X2
(;OV
ERNMENT
GAZE~EL 26 AUGUST
1998
Act N().
36,
1998 NATIONAL WAT1 R ACT,
1998
Considerations for issue of general authorisations : nd
Iicences
27. ( I ) In issuing
a
general
authorisation or
Iicence
i responsible authority must take
into account all relevant factors,
including-
(a)
(b)
(c’)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
existing lawful water uses;
the need to redress the results
of past racial
md
gender discrimination;
efficient and beneficial use of water in the p
lblic
interest;
the
socio-economic impact—
(i) of’ the water use or uses if’ authorised;
(
r
(ii) of the
fi~ilure
to authorise the water use or uses;
any catch
]ment
management strategy applicable to the relevant water resource;
the likely
effect of the water use to be authori
;ed
on the water resource and on
other water users;
the class
and
the resource quality objectives of the water resource;
investments already made and to be made
b:
the water user in respect of the
water
use in question;
the strategic importance
of the water use to
]e
authorised;
the quality of water in the water resource which may be required for the
Reserve and for meeting international
oblig:
tions;
and
the probable duration of any undertaking
&
which a water use is to be
authorised.
(2) A responsible authority
may
not issue
a
Iicen
:e
to itself without the written
approval of’ the Minister.
Essential requirements of
Iicences
28. ( I ) A
Iicence
contemplated in this Chapter must specify—
(a)
the water use or uses for which it is issued;
(b) the property or area in respect of which it is issued;
(c)
the person to whom it is issued;
(d)
the conditions subject to which it is issued;
(e)
the
Iicence
period, which may not exceed
fo
ty years; and
(~)
the review periods during which the
Iicence
may be reviewed under section
49, which must be at intervals of not more
tl
an five years.
(2) Subject to subsection (3), restriction, suspension or termination in terms of this
Act and review under section 49, a
Iicence
remains in
orce
until the end of the
Iicence
period, when it expires.
(3) Subject to subsection (4) and notwithstanding; section 49(2), a responsible
authority may extend the
licence
period of a
Iicence
if this is done as part of a general
revipw
of licences carried out in terms of section 49.
(4) An extension of a Iicence period contemplated
in:
ubsection (3) may only be made
after the responsible authority has considered the facto
“s
specified in section 49(2) and
all other relevant factors, including new applications f
]r
water use and has concluded
that there are no
substmttial
grounds not to grant an ex iension.
(5) An extension of a
Iicence
period in terms of subsection (3) may only be given for
a single review period at a time as stipulated in subsection ( 1
)(f).
(6) If the
Iicence
period of a
Iicence
is extended in ter ns of subsection (3), the licence
may, in respect of the period for which it is
extende[
, be issued subject to different
conditions which may include a lesser permitted water use.
Conditions for issue of general authorisations and 1
cences
29. ( I )
A responsible authority
may
attach conditions o every general authorisation or
licence—
(u)
relating to the protection
of—
(i) the water resource in question;
(ii) the stream flow regime; and
(iii) other existing and potential water users;
(h)
relating to water management
by—
5
1
()
15
20
25
30
35
40
45
50
46
N{)
1~1
182
G()\
ERNMENT
GAZETTE.
26
AIJGIIST
1908
Act ?40.
36.
19Wt
NATIONA1.
W.Xrl
R ACT.
1998
([’)
(i)
(ii)
(iii)
(iv)
(v)
(vi)
specifying mawrgement practices and
g
neral requirements for
any
writer
use, including water
conser\a(icm
mea!
ures;
requiring
the
monitoring
and
analysis of and reporting on every water
LISC
and imposing a duty
to
measure
aml
record aspects of water use.
specifying
mcmuring
and
recording
de
/ices
to be used:
requiring the preparation and
apprrmu
I of’ and adherence to, a water
management plan:
requiring the
paytnent
of
chw-ges
for
wa
er
use
as
provided
f’t)r
in Chapter
5;
requiring the licensee to provide or m
Ike
water
available
to
a
person
specified in the
Iicence:
anti
in the case
of a general authorisation. requiring the
registration
01 the
water use with
the
responsible
au[bority
.md
the
pay]nent
of
u
registration
lee as a
pre-conditirm
of that use;
relating
to
return flow
and
discharge or disp
ml
of waste,
by—
(i) specifying
a
water resource to which it
t
lust
bc
returned or
ottwr
manner
in which it must
be
disposed
OL
(ii) specifying permissible
levels
for some
(
r all of its chemical and physical
colnponents:
(iii) specifying treatment to which it
mitst
be
subjected.
bclorc
it is
discharged:
and
(iv) specifying the volume which
tmry
be
r~
turned:
(d)
in the
case
of
a
controlld
activi(y ---
(i)
specifying the waste treatment. pollution control and
equipment to he
instollecl.
maintained a
d
operated: and
(ii) specifying the management practices to be followed to
pollution
of any
water
resource;
(c)
in the case of’ taking or storage of’
water-
rnonitoring
prevent the
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
(ix)
setting out the spccitic quantity of water
~r
percentage of’ flow which may
be taken:
setting out the rate of abstraction:
specifying the method of construction
t
,f
a
borehole
and
[he
method of
abstraction from the
boreholc:
specifying the place from where water nay be taken:
specifying the times when
woter
may b: taken;
identifying or limiting the area of’
land
[
n which any water
ttiken
from a
resource may be used:
limiting the quantity of water which
m:
y be stored;
specifying locations
where
water
may t
e
stored:
tind
requiring the licensee to become a mer
Ibcr
of a
water
user association
before water may
be
taken;
in the case of a stream
flow
reduction activit
Y—
(i) specifying practices to be
f’ollowed
to imit stream
flow
reduction
and
other detrimental impacts on
the
water
esource:
and
(ii)
setting or prescribing a method for
dete
mining the extent of the stream
flow reduction caused by the authorised activity;
which are necessary or desirable
to
achic\e tile purpose for which the
licence
W:M
issued;
which are
rwcessary
or desirable to ensure
cc
mpliance
with the provisions of
this
Act:
and
in
tbe
case of a
liccncc-
(i) specifying times when water may
or
m:
y not be
used;
(ii ) containing provisions
for
its termination if’ an authorised use of water is
not
implemented
(u
not
I’ully
implcmen
ed;
( iii)
dcsigmrting
water for future or
continge
It
use: or
(i\’)
which have
I-mm
agreed
to
by
[be
licen~
ee.
(2)
If
a
licensee has
agreed
(o
pay compensation to another person
in
!erms
of any
arran~emcnt
to use
\vater.
the responsible
authori(y
n ay
make
the
obligation
to
puy
conlpens:ltion
a condition
01”
the
Iicence.
5
1()
20
25
30
35
40
45
50
55
48
N(). 19182
(WV]
RNMENT GAZETTE.
26
AUG[JST
1998
Act No.
M,
1998
NATIONAL WATE
<
ACT, 1998
Security by applicant
30.
(
1
) A responsible authority may, if it is necessar for the protection of the water
resource or property, require the applicant to give
securi
y in respect of any obligation or
potential obligation arising from
a
Iicence
to be issued under this Act.
(2) The security referred to in subsection ( 1 ) may in
:Iude
any
of the following:
5
(i) A letter of credit from a bank;
(ii) a surety or a bank guarantee;
(iii) a bond;
(iv) an insurance policy; or
(v) any other appropriate form of security.
1 ()
(3) The responsible authority must determine the
t:pe,
extent and duration of any
security required.
(4) The duration of the security may extend beyond the time period specified in the
Iicence
in question.
(5)
If the responsible authority requires security in
th
e form of an insurance policy, it
15
mtiy
require that it be jointly insured under or
be
a her
eficiary
of the insurance policy
and where appropriate, the responsible authority m
]st
be regarded as having an
insurable interest in the subject matter of the insurance policy.
(6)
A person may apply in writing to the responsible.: authority to have any security
given by that person in terms of this section amended
c
r discharged at any
time,
which 20
application may not be unreasonably refused.
Issue of
Iicence
no guarantee of supply
31. The issue of a
Iicence
to use water does not imp y a guarantee relating
to—
(a) the statistical probability of supply;
(b)
the availability of water; or
25
(c)
the quality of water.
Part 3: Existing lawful
wate]
uses
This Part permits the continuation under certain
L
onditions
of an existing water
use
derz”ved
from a law repealed by this Act. An exist ng lawful water use, with any
conditions attached, is recognised but may continue ,
mly
to the extent that it is not
30
limited, prohibited or terminated by this Act.
No
licen
:e
is required to continue with
an existing lawful water use until a responsible
autho
ity
requires a person claiming
such an entitlement to apply for a
licence.
If
a licence is issued it becomes the source
of
authon”ty
for the water use. If a licence is not yranted the use is no longer
permissible.
35
Definition of existing lawful water use
32. (
1
) An existing lawful water use means a water
t
se—
(a)
(b)
and
(i)
(ii)
(iii)
(2)
In
((I)
(b)
which has-taken place at any time during a p
:riod
of two years immediately
before the date of commencement of this Act, or
which has been declared an existing lawful
w
ater use under section
33,
40
which—
was authorised by or under any law which was in force immediately before the
date of commencement of this Act;
is identified
as
a stream
flow
reduction activiy in section 36(I); or
is identified as a controlled activity in
sectior 37(1).
45
the case
of—
a stream How reduction activity declared und
:r
section 36(1); or
a controlled activity declared under section 3
].
existing lawful water use means a water use which has
t
lken
place at any time during a
period of two years immediately before the date of the
Jeclamtion.
50
50
xc)
191s2
(.;[)VER,NMENT
G,AZE’ITE.
26
AL’
GI.,ST
19Y8
.\ct
No.
36.1998
Y,\rIONAL
“i\
ATER
ACT.
1998
Declaration of water use as existing lawful water use
33. (
1 )
A
person
may
apply
to
a
responsible ~uthonty to have
a
water use which is not
one contemplated in section
32(
1)(b)(i). (ii) or (iii}.
decltwed
to be an existing
lawful
water
use.
(2)
A
responsible authority
moy.
on
its own initiative. declare a water use which is not
one contemplated in section
32(
1 )(b)(i), (ii) or (iii). to
be
an existing lawful water use.
(3)
A responsible authority
mtiy
only
make
d
declaration under subsections(l) ond
(2)
if it is satistied that the water
use—
(a)
took place more than two
years
before the date of commencement
of’
this Act
and
wx
discontinued for yood reason:
clr
(b)
had
not yet
token
place
at
any time
before
the date
of
commencement of this
Act
but—
(i)
would
ha~e
been lawful
had
it so taken place: and
(ii) steps towards effecting
the
use had been taken in good
faith
before the
date of commencement
of this Act.
(4) Section
41
applies to m application in terms
of
this section
as
if the application
had
been made in terms of
that
section.
Authority to continue with existing lawful water use
34. ( 1 )
A person. or that person-s successor-in-title,
may
continue with an existing
lawful water use, subject
to-
(a)
any existing conditions or obligations attaching to
that
use;
(b) its replacement
by
~
licence
in terms of this
Act:
or
(c) any
other
limitation or prohibition by or under this Act.
(2)
A
responsible authority may. subject to any regulation made under section
26( 1)(c). require the registration of
an
existing
lawful
water use.
Verification of existing water uses
35. ( 1 ) The responsible authority may. in order to verify the lawfulness or extent of an
existing water use,
by
written notice require any person claiming an entitlement to that
water use to
apply
for a verification of that use.
(~)
A
notice under subsection
(
1
)
must_
(a)
have a suitable application form annexed to it:
(b)
specify
a
dtite
before which the application must be submitted;
(c) inform the person concerned that
any
entitlement to continue with the water
use may lapse if
an
application is not made on or before the specified date; and
(d)
be delivered personally or sent
by
registered mail to the person concerned.
(3) A responsible
authority—
(a)
m~y
require the applicant. at the applicant’s expense. to obtain and provide it
with other information, in addition to the information contained in the
application:
(b)
may conduct its own investigation into the veracity and the lawfulness of the
water use in question;
(c)
may invite written comments from any person who has an interest in the
matter; and
(d)
must afford the applicant an opportunity to make representations on any
aspect of the application.
(4)
A
responsible authority may determine the extent and lawfulness of a water use
pursuant to an application under this section, and such determination limits the extent of
any existing lawful water use contemplated in section 32(1).
(5)
No person who has been required to
tipply
for verification under subsection(1) in
respect of an existing lawful water use may exercise that water
use—
(a)
after the closing date specified in the notice, if that person has not applied for
verification; or
5
[()
15
25
30
35
40
45
50
Pm-t
4:
Stream
jlo
w
reductiou
activities
.5
Tilis
Part
uliows
the
Miaister,
ajter public
consli[tatian,
to
regulate land-based
activities which reduce stream
jlo
w, by declaring such activities
to
be
streant
jio
w
reductiou
activities.
I})ltether
or not an activity is declared
ta
be a stream
jlo
w
r(>duction
activity depends
on
various jilctors, such as the exteut
of
stream
jlo
w
reduction, its duration, and its
itnpact
on
any relevant water resource and
on
other
I
()
water users. ‘The control
of
jorestry
jbr
its impact
ott
water resources,
ctirreutl}’
exercised in
tertns
oj’
the
Forest
Act, is
now
exercised under this Part.
Declaration
uI’
stream
flow reduction activities
36. ( 1 ) The
lollowing
:Irc
stream
tlow
reduction activities:
((I)
(he
usc 01
l:md
for
nlt”(wcsta[i(m
which
has
been
or is
being
es(:lblishcd
for
I
S
commerci~ll
purposes;
and
(/~)
wl
:wtivity
which
Ims
been
declared
as
such under subsection (2).
(2)
The
Minis[er
m:iy.
by
noliuc
in
(he
G(/:ct/c,
in
relati~)n
(():1
p:w(iculm
:IIC;I
spcciticd
in
[hut
notiuc,
declare
MIy
activity (including
the
cultivation
O(
imy
par(iculur
crop
t)r
other
vegetation)
[o
be
a
stream
flow
reduction activity it
(hat
activity
is
Iihely
[o
reLILIce
20
(hc
avuilabi]ity
01’
wa(el-
in
ii
wiitercoul-se
to
the
Rese[-vc,
to
meet
intcind(i(m:[l
t)blig;lti(ms,
(w
to
[)[her
w:ller
users
si~nilic:m[ly.
milking
u
Lleclwatkm
under
suhscction
(2),
(hc
Minister
must
considcr-
[hc
extent
to
which the
activity
significantly reduces
[he
w~([er
uvuil;ibility
in
ttle Watl!lcoulst!;
?5
the
ell’ect
01’
the
stream [low reduction on
the
water
resource
in
terms
01
its
CIMS
and
(he
Rcwrve;
the
pr{~bdllc
durali[m
01
(Iw
~ictivity;
tiny
n;lti(mal
water
rcs(wrce
strutcgy
esl:hlished
under
sccli(m
5;
LIncl
:my
catch
nwnl
nlmagcnwnt
s[mtcgy
esl:lblished
under
seclion
8.
30
(4)
Bet’or~
mtiking
a
decl:ua~i(m
under
sub~ection
(2),
the
Minisier
Inus(
(a)
(/))
((”)
(~i)(
ii).
(S)
Every notice published
in
terms
01”
subsection
(4)(a)
must conl~in
:1
sclmdulc in
which Inust be Iislcd all s(rc:II])
Ilov
lrcduuli(m
uu[ivitim set oul in suhscclion ( I )
:11111
45
(how which h:l\c, up
to
the
da[c
t)t’
the
m)ticc,
been
declared
[()
be
stwwn
I1OW
rcduc[ion
:Ic’[ivilics
under
subscclit)ll
(2).
I’art
.5:
Controlledact
ivities
This Part
allo
n’s
the Minister
to
regulate activities having a altritnental impact
ou
w~aterresoltrces
b.ydeci{trit~g
t)tettt
to be
controlle
dactivities.
Foarsuc
hactivities-
50
irrigation using waste or water contaia
ing
waste
from
certain sources, modijicatiou
of
attnosphericp
recipitation,
[llteritlg
tllefl[)w regittle(~fa water resource as
aresult
(!f
54
No.
19182
GOVERNMENT GAZETTE,
26
AUGUST
1998
Act
N(J. 36,
199s
NAT1ONAL
WATER
ACT,
1998
power generation, and aquifer recharge using waste or water containing waste — are
identified in the
Act as controlled activities. Provision is made for the Minister to
declare
olher controlled activities as the need arises, but in these cases public
consultation is required. Following the identification or declaration of a controlled
activity
un
authorisation for that particular category of activity is required under this
Act.
Controlled activity
37. ( I )
The
fol]owing
are
controlled activities:
(u)
irrigation ofany
land
with waste or water containing waste generated through
any industrial activity or by a
waterwork;
(b)
an activity aimed
ot
the modification of atmospheric precipitation;
(c)
u
power generation activity which alters the flow regime of a water resource;
(d)
intentional recharging of an aquifer with any waste or water containing waste;
and
(e)
an activity which has been declared
as
such under section
38.
(2) No person may undertake a controlled activity unless such person is authorised to
do
so by or under this
Ac(,
Declaration of certain activities as controlled activities
38. (
1
) The Minister may, by notice in the
Gazette,
in general or specifically, declare
an
iictivity
to
be
a
controlled activity.
(2)
Before declaring
tin
activity to be
a
controlled activity the Minister must be
satisfied that the activity in question is likely
[u
impact detrimentally on a
wmer
resource.
(3)
Before
making
a
declaration under subsection
(
1
)
the Minister—
(u)
must publish
a
notice in the
Gaze[re—
(i) setting out the activity or category of activities proposed to be
deciared;
and
(ii) inviting written comments to be submitted on the proposed
decl~iration.
specifying an address to which and a date before which comments are to
be submitted, which
dote
may not be earlier than 60 days
after
publication of the
no[ice;
and
(b)
muy,
in the case of
a
specific activity on a specific site, make the notice known
by delivering or sending
a
copy to the owner or the person in control of
the
site
in question,
and
to every organ of state which, and every person who,
has
an
interest in the matter;
(c)
must consider
what
further steps, if any, are appropriate to bring the contents
of the notice to the attention
of interested persons, and take those steps which
the Minister considers to be appropriate; and
(d)
must consider all comments received on or before the date specified in
paragraph.
(4) Every notice published in terms of subsection (
I
)
mus[
conttiio
u
schedule
on
which must be listed all controlled activities set out in section 37( I )(a) to
(d)
and those
which have, up to the
date
of the notice, been declared
to
be controlled activities under
subsection ( l).
Part 6: General authorisations
This Part establishes a procedure
to
enable a responsible authority, after public
consultation, to permit the use of water by publishing general authorisations in the
Gazette. A general authorisation
may
be restricted
to
a particular water resource, a
particular category of persons, a defined geographical area or a period of time, and
requires conformity with other relevant laws. The use of water under a general
authorisation does not require a
licence until the general authorisation is revoked, in
which case licensing will be necessary.
A
general authorisation does not replace or
litnit
an entitlement to use
wateq
such as an existing lawful water use or a
licence,
which a person may otherwise have under this Act.
5
lo
15
20
25
30
35
40
45
50
.\c’l
\(l.
36,
1998
Nil
loNA1/
W’AIE.K
A(’”1’.
199X
(iencral
iluthorisations
to
use
water
39.
(
1
)
A t-tsp(msiblc
;iulhf)rily
nmy,
subject
to
Schcdulc
1, by
notice
in the
Gu:(Jttt’-
((1)
gcnclully:
(b)
in
rclali(m
[0
[1
spccitic
wuter
resource;
(x
(()
w
ilhin
w)
are:i
ywcifiwt
in the
m)lice.
:Iul!]tll”isc
all
or
aIIy
L’:Ilcgt)I”y
~)t”
persons
10
usc
w’~llcr.
suhjcct
10
my
rcguldli~m
nludc
IIndcr
\cclit)n
26
dnct
:iny
cx)ndilions
inlpowd
under
scclioil
29.
(2)
‘WC
n~)(icc
n)us(
SI:IIC
(he geogrophic;ll area in respect
01”
which the gcneml
:itl(l]ot-ii~ltii)ll
will apply. and
IIW
da[e upon which
the
general author
is:i[
ion
will
conw
into
I(NCC,
:md
moy
SIUIC
(he
du(e
on
which
the
general
:m[horisation
will
lapse.
(3) A
w;lter
usc
m;iy
be
authorised
under
subsection (
1
) on condition
tha[
the
user
(h(:lins
any
permission
(x
uu(hority
rcquirmi
by any other
speciticd
lnw,
(4)
13ct’orc
issuing
ii
general
fiuthorisati(m,
the responsible
au[hority
must
(~{)
publish
tl
n[)tice
in
the
&t:ellt’-
( i )
Selting
OU1
the
proposed
gcncnd
uuthoristiti(m;
and
( ii) in\i[ing
writlen
comments
to
be
submitted
on the proposed general
au(horis;ltion.
specifying
an
address
[o
which
and
u
date
bet(me
which
conlmcnls
arc
10
be submitted, which
Llatc
nMy
not
be
curlier than
60
days
ut(cr
pubiic:i(i(m
of’
the
notice:
(b)
c()r]sidcr
wll:ltfLlrttler
s[cps,
if':lt]y,
aretlppr[)pri:ite
t(~bring
tbec()[]tellts
{)lttle
notice
to
(be
~lttcntion
ofinterestecl persons.
and
lake
those
steps
which
[he
resp(msih!c
:Iutbori(y
cx~nsidcrs
to
be
:lppropri:Lte;
anLJ
([)
ct)tlsidcr
;lllc()tllil]ctlts
receivcd
[)rlc)r
before
thed:ite
specified
illp~lr:1gral>ll
((/)( ii).
(5) An
:mlh(wis;ition
to
use
wil(cr
under (his section does not
repl:lce
(w
Iinlit
[my
cnti(lenwn[
to
usc
wti(cr
which
a
person may otherwise
have
under this
Act.
Part 7: Individual applications for liceuces
This Part sets out the procedures which apply in all cases where a
Iicence
is
requiredto use water, hut where
nogeueral invitation toapply.for liceuces has been
issued underPart
8.
Water users who are uot requiredto license their use, but who
w’ish
to convert the use to licensed use, may also use the procedure set out
iu
this Part,
but the
respousib[e
authority
tnay
deciiue to graut a liceuce wheu the
app!icatlt
is
entitled to the use
of
water under au existing lawful use or by a general authorisation.
[u
coasideriug an application a
respousib[e
authority may require
a[iditionu[
iuftmnatiotl from the applicant, aud may also require the applicaut to
uudertake
an
en virontueutal or other assess
tnent,
which asses
stnents
may be subject to independent
review.
Application
for
Iicence
4(L ( I ) A person who is required
tw
wishes
to
obt:tin
a
Iicence
(o
use
water must
apply
lo
IIw
rclcv:lnl
respt~nsiblc
:Iuthorily
for
d
Iicence.
(~) Where
&i
person
htLs
Ill;lde
m
tippliCUllOtl
for
an
authol-isa[ion
to
LISe
water Under
wl~~thcr
Act, and
[hat
applictlt
ion
hus
not
been
finui
ised
when this
Act
takes
etfect.
[he
:Ipplicii[i(m
must
be
rcg:mted
as
being
an
application
for
a
water
use
under
this
Ac[.
(
3
) A
rcsp~msib[c
:mth(wity
n~ay
charge
:t
rcw)nabie
t’ec
for
processing
ii
Iiccncc
:Ippllc:ition,
whluh
II
IiIy
b~’
\viIIvcd
In
d~’s~>rvlng
CM
L>S.
(4)
A
rcspfm\ible
uutborily
mtiy
decline to consider
a
licence
upptica[i[m
lor
IIw
uw
01”
\v:l[cr
10
~’hich
tbc
app!icmt is
alredy
cntilled
by
w~y
t)fan existing
!:IwfLIl
water usc
or
umtcr
d
genemt au[horisa[ion.
30
35
40
45
58
N().
19182
GOVI
:RNMENT
(;
AZE’tTE,
26
AUGUST
1998
Ad No. 36,
1998
NATIONAL WATE
<
ACT,
1998
Procedure for
Iicence
applications
41. (
1
) An application
for
a
Iicence
for
water use
ml
st—
(</)
be
made in
the
form;
(/Jj contain the
informati(m;
and
(()
be
accompanied by the processing fee,
determined by the responsible authority.
(2) A responsible
authority-
(11)
(b)
(c)
(d)
(3)
A
may, to the extent that it is reasonable to
do
so, require the applicant, at the
applicant’s expense, to obtain and provide it by a given date
witll—
(i) other information, in addition to the information contained in the
application;
(ii ) an assessment by a competent person of the like] y effect
of the proposed
Iicence
on the resource quality; and
(iii) an independent review of the asses
;ment
furnished in terms of
subparagraph (ii),
by
a person acceptab e to the responsible authority;
may conduct its own investigation on the likely
etiect of the proposed
Iicence
on the protection, use, development, conser\ ation, management and control
of the water resource;
may invite written comments from any organ
)f
state which or person who has
an interest in the matter; and
must
afford
the applicant an opportunity
tt,
make representations on any
aspect of the
licence application.
responsible authority may direct that any assessment
under
subsection
(2)(u)(ii)
must comply with the requirements
cwrtaitted
in regulations made under
section 26 of the Environment Conservation Act,
1989
(Act No.
73
of
1989),
(4) A responsible authority may, at any stage of the application process, require the
applicant—
(ti)
to give suitable notice in newspapers and otter media—
(i) describing the
Iicence
applied for;
(ii) stating that written objections
may
be lodged against the application
before a specified date, which must be
nl
)(
less than 60 days after the
last
publication of the notice;
(iii) giving an address where written
objectil
ms
must be lodged; and
(iv) containing such other particulars
as
he responsible authority
may
require;
(b)
to take such other steps as it may direct to brin
g
the application
to.the
attention
of relevant organs of state, interested
person!
and the general public;
and
(c)
to satisfy the responsible authority that tht interests of any other person
having an interest in the land will not be adv
>rsely
affected.
Reasons for decisions
42. After a responsible authority has reached a deci
iion
on a
licence
application, it
must
promptly—
(u)
notify the applicant and any person who has
~bjected
to the application; and
(b)
at the request of any person contemplated in paragraph
(u),
give written
reasons for its decision.
Part 8: Compulsory
licences for water use in re
:pect
of speci$c resource
This Part establishes a procedure for a
respot sible authority to undertake
compulsory licensing of any aspect of water use in respect of one or more water
resources within a specific geographic area.
It includes requirements for a
responsible
authorz”ty
to prepare schedules for
allo
cati”ng
quantities of water to
existing and new users. The procedure is intended
to
be
used in areas which are, or
are soon likely to be, under “water stress”
ffor
exampl
?,
where the demands for water
are approaching or exceed the available supply,
wht
re
water quality problems are
imminent or already exist, or where the water
resoui
ce quality is under threat,), or
5
IO
15
20
25
30
35
40
45
50
oh
N(1.
101X2
GOVE
RN
KIENT
G.AZETTE.
26 AUGUST
1998
Act
so.
36,
1998
NATIONAI.
w,4mm
ACT,
1998
Formal
amendment
of’
Iictmces
50.
(
1
)
((1)
(A)
((’)
A
respot]siblc authority
may
amend
or
substitute a
licence
conclition—
if’
tlw
Iiccnsee
or successor-in-title
has
consented to or requested the
atllcminwnt
or
substitution;
to
rctlect
one
or
more
succc\wrs-in-title
as
new licensees; and
5
[()
chirn~e
the description of’
(he
property to which the
Iicence
applies, if the
y)
propert~ described
in
the
licenc~
h&
b~en
subdivided or consolidated with
other properly.
(2)
The
responsible
aulhority
may
require the licensee—
((I)
to
obtuin
the written consent of any affected person
bef’ore
amending or 10
substituting
(he
Iiccnce;
f)r
(b)
to make
a
formal application for the amendment or substitution in terms of’
section
52;
(.?
) A responsible
truthorily
may
only
wncnd
or substitute
a
licencc
condition under
this
wcli{m
it” it is
salisficd
tha-
[5
((~)
the amendment or
suhslitu[ion
will
nol
have
a
significant detrimental
impac[
on
the
wtiter
res(wrce:
and
(l))
the
inlermls
of
any
other person are
no[
adversely affected. unless
that
person
has
conscn[cLl
thcrct{).
Successors-in-title
51. (
1
)
A
re.sp(msible
authority may, after giving all parties an opportunity to be heard,
adjudicate upon convicting claims between
a
ficensee
and a successor-in-title.
ol-
between ditierent successors-in-title, in respect of claims for the
timendment
or
substitution of
licerwe
conditions.
(2) A successor-in-title of any person to whom a ficence to use water has been
25
issued—
(a) may, subject to the conditions of the relevant
Iicence
and paragraph
(b),
continue with the water use; and
(b)
must promptly
int’orm
the responsible authority of’ the succession,
for
the
substitution of the
mrme
of’ the licensee, for the remainder of’ the term.
30
Procedure for earlier renewal or amendment of
Iicences
52. ( 1 ) A
licensee
may.
before
the
expiry
date of’ a
Iicence,
appfy
to the responsible
authority
k)r
[be
rencwat
or amendment of’
the
ficence.
(2) Unless
an
application for the renewal or amendment of’
a
Iicence
is nude in
terms
of’ section 50, it
rnusl—
35
(a)
be
made
in such
torn],
contain such information
tind
be accompanied by such
processing
fee
as may be determined by
the
responsible authority; and
(/))
be
dealt
with according to the procedure as set out in section
41.
(3) In considering
an
application to amend
or
rerww
a
licence,
tfw
responsible
au[fmri(y
must
h:lve
regard
(()
(Iw
same
mat(ers
which it
wus
required to consider
when
40
deciding
the
ioitiaf
application
for
that
Iicxnce.
(4)
A responsible
uuthority
may
mend
any condition of’ a
Iicence
by
irgreement
\vitb
Ilw
Iicemsee.
Part 10: Contravention
of
or failure to comply with authorisations
Ibis
Part deals with the consequences of contravention of licence conditions.
45
lhese
range jrom the responsible authority requiring the licensee to take remedial
action, jailing which it may take the necessary action and recover reasonable costs
,from
that person, to the suspension or withdrawal of a licence. Where a licensee offers
to surrender a licenee the responsible authority is obliged
to
accept the surrender and
cancel the licence unless there is good reason
jbr
refusal.
5[)
08
No.
19182
GOVERNMENT GAZETTE, 26 AUGUST
1998
Act
No.
36,
1998
NKIIONAL
WATER
ACT,
1998
Rectification of contravention
53. (
[
) A responsible authority may, by notice in writing
to
a person who
conlruvenes-
(({)
any provision of this Chapter;
(b)
a
requirement
set
or
directive given by the responsible authority under this 5
Chtipter;
or
(c)
a
condition which applies to any authority to use water,
direct
tha[
person, or the owner of the property in relation to which the
contmvention
occurs, to
take
any
action
specified in the notice to rectify the contravention, within the
time
(being
not less than two working days)
specitied
in the notice or any other longer
10
time allowed
by
the responsible authority.
(2) If
the
action is not taken within the time specified in the notice, or
any
longer time
allowed,
the responsible authority
nMy-
(a) carry out any works and take any other action necessary to rectify the
contravention
ml
recover its reasonable costs from the person on whom
the
15
notice was served; or
(b)
apply to
a
competent court for appropriate relief.
Suspension or withdrawal of entitlements to use water
54. ( 1 ) Subject to subsections (3) and (4), a responsible authority may by notice to any
person entitled to use water under this Act suspend or
withdraw
the entitlement if the 20
person
fails—
(a) to comply with any condition of the entitlement;
(b)
to comply with this Act; or
(c)
to pay
a
churge
which is payable in terms of Chapter 5.
(2) An entitlement may be suspended under subsection (
1
)—
25
(a) for the period specified in the notice of suspension; or
(b) until the responsible authority is satisfied that the person concerned has
rectitied
the failure which led to the suspension.
(3) A responsible authority may only suspend or withdraw an entitlement under
subsection (
1
) if the responsible authority has directed the person concerned to take 30
specified steps to rectify the failure within a specified period, and the person concerned
has failed to do so to the satisfaction of the responsible authority.
(4) The person concerned must be given an opportunity to make representations,
within a
retisonable
period, on
any
proposed suspension or withdrawal of
an
entitlement
to use water.
35
(5) A responsible authority may, for good reason, reinstate
an
entitlement withdrawn
under subsection (
I).
Surrender of
Iicence
55. ( I ) A licensee may
otl-er
to surrender any Iicence issued
to
that licensee under this
Chitpter,
whereupon, unless
there
is good reason not to do so, the responsible authority 40
must accept the surrender
und
cancel
the
licence.
(~)
A responsible
~uthorl[y
may
refund to a
]icensee
any charge or part of any charge
paid in respect
of
a
Iicence
surrendered under subsection ( I).
CHAPTER 5
FINANCIAL PROVISIONS
45
This Chapter deals with the measures to jinance the provision of water resource
management services as well as
jinancial and economic measures to support the
implementation of strategies aimed at water resource protection, conservation of
water and the beneficial use of water.
70
N()
19182
(GOVERNMENT GAZETTE. 26
AUG(JST
1998
Act
No.
36.1998
NATIONAL.
WATER
ACT,
1998
Part I : Water use charges
In terms
of
Part 1 the Minister may from time to time, after public consultation,
establish a pricing strategy which may differentiate among geographical areas,
categories of water users or individual water users. The achievement of social equity
is one
qf the considerations in setting differentiated charges. Water use charges are to 5
be used to fund the direct and related costs of water resource management,
development and use, and may also be used to achieve an equitable and
eficieut
allocation of water. In addition, they may also be used to ensure compliance with
prescribed standards and water management practices according to the user pays and
polluter pays principles. Water use charges will be used as a means of encouraging
10
reduction in waste, and provision is made for incentives for effective and eficient
water use. Non-payment of water use charges will attract penalties, including the
possible restriction or suspension of water supply from a waterwork or of an
authorisation to use water.
Pricing strategy for water use charges
15
56. ( 1 )
The Minister may, with the concurrence of the Ministry of Finance, from time
to time by notice in the
Gazerre,
establish a pricing strategy for charges for any water use
within the framework of existing relevant government policy.
(2) The pricing
stmtegy
may contain
a
strategy for setting water use
charges—
(u)
for funding water resource management, including the related costs
of—
(i) gathering information;
(ii) monitoring
water
resources
and
their use;
(iii) controlling water resources;
(iv)
wuter
resource protection, including the discharge of waste
tind
the
protection of the Reserve; and
(v)
water conservation;
(b)
for funding water resource development and use of waterworks, including-
(i) the costs
of investigation and planning;
(ii) the costs of design and construction;
(iii)
pre-financing
of development;
(iv) the costs of operation and maintenance
of waterworks;
(v) a return on assets; and
(vi) the costs of water distribution; and
(c)
for
achieving the equitable and
eflicient
allocation of
water.
(3) The pricing strategy
may-
(a) differentiate on an equitable basis
between—
(i) different
types
of geographic areas;
(ii)
ditferent
categories of water use; and
(iii)
dilferent
water users;
(b)
provide for charges
to
be paid by either—
(i)
MI
appropriate water management institution; or
(ii) consumers directly;
(c)
provide for the basis of establishing charges;
(d) provide
for
a rebate for water returned to
a
water resource; and
(e)
provide
cm
an equitable basis for some elements of the charges to be waived
in respect of specific users for a specified period
of time.
(4) The pricing strategy may
ditierentiate under subsection
(3)(a)-
(U)
in respect of ditlerent geographic areas, on the basis of-
(i)
socio-economic
aspects within the
area
in question;
(ii)
dw
physical attributes of each
mew
and
(iii) the demographic attributes of each
area;
(b) in respect of ditierent types of water uses, on the
basis
of—
20
30
35
-K)
45
50
72
N()
1{)182
(;
OVERNNIENT
GAZETTE.
26
AUG(JST
1998
,\cl
N().
36.
1998 ,NATIONA1.
WATER
Acr.
199x
(i)
(llclll:l!irlcr
irlwhich
[hewuter
istuken.
supplie(l, dischtirgecl ()rdisp()scd
01’:
(ii)
whether
thcose
isc[)ilsulnplive
orllt)[l-col]sulllptive:
(iii)
tlletissur:tllcc:lr)
clreliabili{y
ofslJl)ply:trld
wuter quality;
(iv)
[hecll’eclofrc(urn
!Iowsollti
waterrc
source;”
(v) [he extent ot’the benetit to he derived Irom the devel[)pmcnt
ota
new
water resource;
(vi) the
class
and resource quality objectives
o!’
the waler resource in
question;
and
(vii)
therequircd
quality
oftbewatert
obe{[sed;and
(c)
inrespect
ot’different water users,
onthe
basis of-
(i)
theextent
of their water use;
(ii) thequantity ot’water returned bythem
toa
water resource;
(iii) their economic circumstances;
trnd
(iv) thestutistical probability of thesupply ofwater to them.
(5) The pricing strategy may provide for
a
differential rate
for
waste discharges,
taking
into
accounl-
(~t)
{hecharacteristic
sotthewast
edischtirged;
(b)
thetill]t)ullt
alldquzllity
(~
fthewaste
dischtirged;
(c)
lhetlattlrc:iild cxtcntoft heit~lpactonti”
water
resource
caused
bythe
waste
discharged;
(d)
the extent
o!’
permitted deviation from prescribed waste standards or
mamtgement
prtictices;
find
({’)
tbercqllired
extc[lt
tindnatllre oflnollitoring
the
water
use.
(6) In setting apricing strategy
for
water
usecharges,[hc
Ministe[-—
((~)
must consider the
class
and
resource quality objectives
fordi!ferwnt
water
resources;
(b)
may
consider incentives and disincentives—
(i) to promote the efficient use and beneficial
use
of water;
(ii) to
reduce
detrimental impacts on water resources;
and
(iii) to prevent
the
waste
ot’
water; and
(() must consider
metisures
necessary to support the establishment of
[aritfs
by
wtitdr
services
au[boritics
in
terms
of section 10 of the Water Services
Ac(.
1997 (Act No. 10801’ 1997),
and
the
LISC
of lifeline tariffs
tind
progressive
block
taritfs.
(7)
Before
setting
a
pricing strategy for water use charges under subsection (
I),
the
Minister
must-
(a)
publish
a
notice in the
Ga;e[[e-
(i) setting out the proposed pricing strategy;
and
(ii) inviting written comments to be submitted on the proposed strategy.
specifying an address to which and
a
date before which the comments
tire
to be submitted, which
date
may
not be earlier
thtin
90 days
after
publication
of
the notice;
(b)
consider what
t’urther
s[eps,
if any,
tire
appropriate to bring the contents of the
notice to
the
attention of interested persons,
wd
take
those steps which
(Iw
Minister considers to
be
appropriate;
am.1
(c)
consider
all
comlnents
received on or before the
date
specified in
the
notice.
Application
of
pricing
strategy
5
lo
57. ( 1 )
W~ter
use charges—
(a) may be made-
(i) within
u
specitic
wutcr
management
drew
or
(ii) on
a
national or regional
btisis;
tind
(/7)
must
be
made
in accordance with the pricing strategy
for
wuter
use charges
set
by
the
Minister.
(2) Charges made within
a
speci(ic
water
rnarmgernent
area
may be made by and
are
payable to
the
relevant water management institution.
(3) Charges
made
on a national or regiomd
basis—
30
35
40
45
50
55
74
N,).
101X2
(;
OVI.
RNKIENT
[;/\
ZETTE.
2fI
AllGl)ST
199X
—
Act
No.
36.
1998
N/\Tlo
NAl.
W.KIE
<
ACT.
199S
(a)
may
be
made by the Minister and are payabi; to the state: and
(h)
may
bc apportioned between
dif~ereot
water management
areas
according
to
the extent
of
the
specific
benctits
which each water management
area
derives
m will derive
from
the
water
uses
for
which the charges are made,
(4)
Any person liable to
puy
water charges to a
w’at(
r services institution
as
defined
5
in the
Water
Services Act,
1997
(Act No.
108
of 199’
7
),
for
water supply ser\ices
or
sanitation services
may
not be charged
for
those
servicas
in terms of this Act.
(5) No charge made under this Act may be
ot’
sac
h a nature as to constitute the
imposition of a tax, levy or duty.
Recovery of water use charges
I o
5S.
( 1 ) The Minister may direct any water manage nent institution to recover any
charges for water use made by the Minister under
set
tion 57( I )(a) from water users
within its water management area or area
of operation, as the case may be.
(2) A water management institution which has been directed to recover any such
charges may retain such portion of all charges
recover[:d
in order to recompense it for 15
expenses and losses, as the Minister may allow.
(3) A water management institution which has been directed to recover any such
charges—
(u)
is jointly and severally liable to the state witt the water users concerned: and
(b)
may
recover any amounts paid by it in terms
.]f
puragraph
((~
)
from the water
20
users concerned.
Liability for water use charges
S!).
( I ) Water use charges contemplated in this
Chaper-
(t~)
may only be made in respect of a water use
i
o which a person is voluntarily
committed: and
25
(b)
must bear a direct relationship to the water u
,e
in question.
(2)
Any person registered in terms of a regulation under section
26
or holding a
Iicence
to use water must pay all charges imposed
unf
er section 57 in respect of that
water use.
(3) If a water use charge is not
paid—
30
(a)
interest is payable during the period of
defarrl
at a rate determined from time
to time by the Minister, with the concurrence{ of the Minister of Finance, by
notice in the
Gazette; and
(b)
the supply of water to the water user from a
w
aterwork
or the authorisation to
use water may be restricted or suspended until the charges, together with 35
interest. have been paid.
(4) A person must be given an opportunity to
I
lake representations within a
reasonable period on any proposed restriction or
susp
msion
before the restriction or
suspension is imposed.
(5) Where there is a fixed charge, a restriction or susp
msion does not relieve a person
40
of the obligation to pay the charges due for the period of the restriction or suspension.
(6) A person whose water use is restricted or susper ded for any lawful reason
tnay
not later claim the water to which that person would
otht
rwise
have been entitled during
the period of restriction or suspension,
Water use charges are charges
on
land
60. ( I ) A charge made in terms 01
sec(ion
57( I ).
inclu
Jing
any interest. is a
char:c
tm
the
land
t~l
which the water use
relates
and is recoverable
from
the current owner
~~f
the
land without releasing any other person who may
be
Ii:
ble
for the charge.
(2)
The Minister or relevant water management inst
tution
must—
((I)
on written application by any person; and
(/))
within
30
days of the application,
‘$5
50
76
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19182
GOVE RNMENT
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26 AUGUST 1998
Act No.
M.
1998
NATIONAL
W’ATEI
:
ACT, 1998
issue
a
certificate stating the amount
ot’
any unpaid wate charges and any interest due in
respect
of any land.
(3)
If
a
certificate is not issued within the period of
30
days, the provisions of
subsection ( I )
cease
to
apply to
that
property,
notwiths
anding
section
66.
Part 2: Financial assistan
ce
5
Part 2 deals with jinancial assistance,
which
n
~ay
be granted once certain
considerations are taken into account.
Financial assistance by Minister
61. ( I ) The Minister may, subject to a regulation made under section 62, give financial
assistance
to
any person for the purposes of this Act, i
lcluding
assistance for making
10
Iicence
applications, in the form of grants, loans or subsidies, which may be made
subject to such conditions as the Minister may
determitle.
(2) The financial assistance must be from
funds—
(o)
appropriated by
Parl
iarnent;
or
(b)
which may under this Act or otherwise
Iawfl
Ily
be used for the purposes in 15
question.
(3)
Before giving any financial assistance, the Minister must take into account all
1
relevant considerations, including—
(a) the need for equity;
(b,J
the need for transparency;
Z()
(c)
the need for redressing the results of past rat] al and gender discrimination;
(d)
the purpose of the financial assistance;
(e)
the financial position of the recipient:
and
(H
the need for water resource protection.
(4) A person who
wilfully
fails to comply with any obligations imposed by this Act is 25
not eligible for financial assistance under this Act.
Regulations on financial assistance
62. The Minister may make regulations concerning–
(a) the eligibility for financial assistance;
(h)
the manner in which financial assistance mus be applied for; and
(c)
terms and conditions applicable to any
financ
al assistance granted.
30
CHAPTER 6
GENERAL POWERS AND DUTIES OF MINISTER AND
DIRECTOR-GENERA]
/
Part 1: Delegations, directives, expropriation,
condo)
*ation
and additional powers 35
Part I of this Chapter sets out various powers and
di
ties
of the Minister which are
of a general nature, such as the powers of
delegt
tion
and expropriation, and
intervention in
lifi”gah”on.
More speci$c powers and
dui
ies are dealt with elsewhere in
the Act.
Delegation of powers and duties by Minister
63. ( 1 ) The Minister may, in writing and subject to cc nditions, delegate a power and
duty vested in the Minister in terms of this Act
to-
(u)
an official of the Department by name;
(b)
the holder of an office in the Department;
(c)
a water management institution;
(d)
an advisory committee established under
sectj
on 99; or
40
45
78
IN(),
l~)lx?
G(IV1
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GAZETTE.
26
AUGIJST
199X
Act
NO.
36,
1998
NATIONAL
W’ATE
t
ACT.
1998
(e)
a
water board as defined in section I of the Water Ser\ices Act,
1997
(Act
No
108
of 1997).
(2)
The Minister
may
not delegate the
power—
(u)
[omake
a
regulation;
(h)
to authorise
a
water management institution to expropriate under section
64( 1):
(() to appoint a
melmber
of the governing boarj of
a
catchmeot management
agency; or
(d)
toappoint amemher of the Water Tribunal.
(3)
The
Minister may, in writing and subject to cond
tions,
permit
a
person to whom
a power
c~r
duty has been delegated to delegate that
(UI
ction
to another person.
(4)
The Minister may give
u
directive to the Dire
Xor-General
in
rekrtion
IL)
the
exercise of’ any of
the Director-General’s powers
c
r
perftwmance
of any
of
the
Director-General’s duties,
inctuding
any power dclegat
xl
to
the Director-General.
(5)
The
Director-General mmt give elfcct to a direct ve in terms of subsection (4).
Expropriation
of property
64.
(
I ) The Minister, or
o
water management instituti
m
uuthorised
by the Minister in
writing, may expropriate any
property
for
any purpose contemplated in this Act. if that
purpose is
a
public purpose
or
is in the public interest.
(2)
Subject to this Act,
the
Expropriation Act. 1975 ( 4ct
No,
63
of
1975).
applies to
all expropriations in terms of this Act.
(3)
Where the Minister expropriates any property u
lder
this Act,
any
reference to
“Minister’” in the Expropriation
Act,
1975, must be construed m being a reference to the
Minister.
(4)
Where any water management institution
exproI
riates property
any reference
to
“Minister” and “State” in the
Exp
“opriation
Act,
regarded as being a reference to that water
managemen. institution.
Expropriation for rehabilitation and other remedial work
under this Act,
1975. must be
65. ( I ) If a person who is required under this Act to undertake rehabilitation or other
remedial work on the land
of
another. reasonably requir(s access to
thtit
land in order to
elfect
the
reh;ibiiitation
or remedial work, but is unable o acquire access on reasonable
terms,
the
Minister
may—
(o)
expropriate the necessary rights in respect of that land for the benefit of the
person undertaking the rehabilitation or remedial work, who will then be
vested with the expropriated rights; and
(/J) recover all costs incurred in connection with t
le
expropriation, including any
compensation payable, from the person for v
‘hose
benefit the expropriation
was effected.
(2) Where a servitude of abutment, aqueduct or
submt
rsion
is expropriated under this
section. the Minister or water management institution
rt
sponsible
for the
exprx~priation
has the same rights as those vesting in the holder of a s
;rvitude
under section
128.
Condonation of failure to comply with time period
66, The Minister may, in exceptional circumstances
:
nd
for
a good reason. extend a
time
period or condone a failure to comply
with
a time period.
Dispensing with certain requirements of Act
67. (
1
)
[n an emergency situation. or in cases of extrer
le
urgency invol\ing the
satety
of
hunla)]s
or
property
or the
prt]tection
of
ii
Wiiter
re~
:mrce
or
the
environment, the
Minister nlay-
5
1()
Is
20
25
30
35
40
45
xl)
N{)
1018?
(;OV[
RNMENT
GAZETTE.
26
AUGUST
1998
Act
No.
36,
1998
NATIONAL
WKI’EI
:
ACT, 1998
(a) dispense with the requirements of this Act re sting
to
prior publication
or
to
obtaining
und
considering public comment
l~elore
any instrument
contem-
plated in section 158(I) is made m issued:
(h)
dispense with notice periods or time’ limits required by or under this Act:
(c)
authorise a water management institution to
f
ispense with—
s
(i) the requirements
of
this Act relating to
F
rim publication or to obtaining
and considering public comment befo
e
any instrument is
made
or
issued; and
(ii) notice periods or time limits required
by
or under this Act.
(2)
Anything done under subsection
(
1
)—
1 ()
(a) must be withdrawn or repealed within a max mum period of two years after
the emergency situation or the urgency
cease; to exist; and
(b)
must be mentioned in the Minister’s annual r
:port
to
Parliament.
Intervention in litigation
68. The Minister may intervene in litigation before a court or in a hearing before the 15
Water Tribunal with regard to any matter contemplated in this
Act,
Part 2:
Genera!
provisions
regardin,;
regulations
Part 2 requires the Minister to consult with the
public when making regulations
under this Act, and also to submit regulations for
scrl
tiny
by
the National Assembly
and by the National Council of Provinces. If the National Assembly rejects a
20
regulation it must be repealed or amended.
Making
of regulations
69. ( 1 ) The Minister must, before making any
regul:ltions
under this Act—
(a}
publish a notice in the
Ga:erre-
(i) setting out the
dmft
regulations; and
25
(ii) inviting written comments to be submitted on the proposed regulations,
specifying an address to which and
a
d:
te
before which the comments
must be submitted, which date may net be earlier than
60
days after
publication of the notice;
(b)
consider what further steps, if any, are
approp
iate to bring the contents of the
30
notice to the attention of interested persons, and take those steps which the
Minister considers to be appropriate;
and
(c)
consider all comments received
on
or before the date specified in paragraph
(a)(ii): and
(d)
on request by the National Assembly or the National Council
of
Provinces or
35
a committee of the National Assembly or the National Council of Provinces
report the extent to which a specific comment has been taken into account, or
if a comment was not taken into account,
prx
vide the reason why it was not
taken into account.
(2) Any regulation made under this Act may provide t
lat
a contravention of
or
failure 40
to comply with a regulation is an
offence
and that any person found guilty of the
otfence
is liable to a fine or to imprisonment for a period not e
:ceeding
5 years.
Consideration of regulations
70.
(
I ) The Minister must, within
30
days after
makin;
:
any regulations under this Act,
table the regulations in the National Assembly and the N
uional
Council of Provinces for
45
consideration.
(2) In considering
regulations—
(c{)
tabled in the National Assembly. a committee of the National Assembly must
consider and report to the National Assembly, and
82
N()
l~)lx? GO\’ERNMENT
GAZETtTi 26
AIJGUST
1998
Act
N().
36,
1998
NATIONAL
WATER
ACT.
1998
(b)
tubled
in
the
Ndtionul
Council
ot’
Provinces, a committee of the National
Council
ot’
Provinces must consider and report to the National Council of
Provinces,
whether the
reguliitions-
(i)
are
consistent
with
the
purposes of this Act;
( ii)
are
within
the
powers conferred by this Act;
( iii)
are
consistent with the Constitution; and
(i\) require clarification.
(3) The
Nationul
Council of Provinces may reject regulations tabled before the
National Council
of
Provinces in terms of subsection ( 1 ) within 14 days after
the
date on
which the
re,goia[ions
were
so
[ubled.
and should the National Council of Provinces
rc,jec[
tiny
regulation. (he rejection must be referred to the National Assembly
for
ct)]]sideri]tif~n.
(4)
The
National Assembly
may,
not later than the
lwentieth
sitting clay of the
National
Assenlbly
;{fler
the
date
on which the regulations were
tubled
and
at”ier
c~)i]sidcring
any
rcjcu[i(m
01
a
regulation by the
Nmional
Council
ot’
Provinces,
reject
those
rcgulali[ms
(
S
)
[f
tbc
Nati(mal
Assembly
or
the
Na~ion:d
Council
of provinces
rcjecls
;my
rcgulalit)ns,
it
must
state
its
retisons.
Itejected
regulations
71. (
I
)
The
Minister
must,
within
30
days
after being inkmned in writing
that
the
National Assembly has rejected
any
regulations, repeal or amend those regulations so
tis
[o
address
the
matters
raised
by
the
Nutiorml
Assembly.
(2) Any regulations rejected by the National Assembly remain in force until repealed
or
umended.
Part 3: Powers relating
to
catchrnent
management agencies
The Minister has the responsibility to manage and authorise the use of the nation’s
water resources. This means that the Minister fuljils the functions of a catchment
managetnent agency in a water management area for which no catchment
management agency is established, or where such an agency has been established but
is not functional. The Minister may dispense with certain requirements of this Act for
as long as is necessary to deal with an urgent situation or an emergency.
Powers and duties of
catchment management agencies vest in Minister in certain
circumstances
72. ( I ) In areas for which
a
catchment management agency is not established or, it’
established, is not functional,
all
powers and duties of
a
catchment management agency,
including those powers and duties described in sections 79 and
80
and in Schedule
3.
vest
in the Minister,
(2)
in areas for which a
catchmen(
management agency
is
established, those
powers
tind
duties
described
in Schedule 3 which have not been assigned by the Minister to the
c;ltchment
munagemen[
ugency,
vest in the Minister.
Assignment of powers
and
duties to catchment management agencies
73. ( 1 ) The Minister may, after consultation with the
c~tchment
management
ugency
concerned.
by
notice
in
[he
Ca;etre. assign to that catchment management
agency—
([[)
a
po\ver
or
duty
ot’
u
responsible authority;
and
(l))
any
power
or duty
listed
in Schedule
~.
(2)
[n
iissignin,g
:tny
power
or duty under subsection ( I), the Minister
nmy
-
(~~)
iimi[
[he
at-ca
w
i[hin
which
an
assigned power may
be
exercised or duty may
be
performed: and
(b)
attirch
conditions to that assignment,
13)
t3cltwc
asiignjng a power or duty to
a
catchment
mwmgement
tigency
under
subsection (
]
).
lbe
Minisicr
must consider-
5
I
()
Is
Z()
15
30
35
40
45
50
X4 N{)
191x2
(;
OVIRNMENT GAZETTE,
26
AIJGIIST
1998
Act
ho.
36,
1998
NATIONAL
W’A’IER
ACT.
199X
(~~)
the
capticity
ol’
[he
catchment mmrgement
rrgency
to exercise the power or
perform
the
duty;
and
(b)
lbc
clcsirability
01’
tissigning
Ihirt
power or duty.
(4) The Minister must promote the management
of water resources at the catchment
management
level
by assigning powers
and
duties
to catchment
rnanagerntmt
agencies 5
v
hen
it
is
desirable
to
do
so.
I)irectives to water management institutions
74. ( 1 ) The Minister
may
give
a
directive
to
a
water
mana&en~ent
institution
in
relirtion
to
(he
exercise oftrny
of
the
institution’s powers or the performance of any of
the
institution’s duties, including any power
or
duty assigned
orde]egated
to
that
institution.
10
(~)
The
Minister
lnust
give
~~
water
Inan:lge[llent
institution not
less
than
}~
days’
notice
of
the Minister’s intention to give a directive
under
subsection (
1
) if it relates to
any
assigned power or duty,
and
must allow the institution an opportunity to comment.
(3) Every directive, or a summary thereof, given to a water management institution by
the Minister and which relates to an assigned power or
duty—
15
(a) must
be
published
by
the Minister in the Gazette; and
(b)
must
be included in the annual report
of
the institution.
(4) A
Lrilrrre
to
comply with subsection (3) does not atfect the validity of the directive.
(5) A water management institution must give etiect to a directive given to it by the
Minister under subsection
(1).
20
Part
4:
Powers of Director-General
I)elegation of powers by Director-General
75. The
Director-Genmrl
may, for the purposes of this Act, in writing
and
subject to
conditions, delegate a power,
including a power
granted
or delegated to the
Direclor-Geneml
under
this Act, to-
25
(u)
an
o(liciat
of the Department by
name;
(b)
the holder of
an
ofiice
in the Department; or
([) a
waler
mmagernent institution.
Appointment of persons
on
contract
76. ( I )
The
Director-General may, when necessary, appoint employees on
contmct
30
outside the provisions
ot’
ibc
Public
Scr\’ice
Act,
1994
(Proclamation
No,
103 of
1994).
(2)
Appointments
mode
under subsection ( i ) must be limited to persons to perform
duties at
sites
where
the
Department-
(c~,l
is engaged in
tictutrl
construction or investigatory
work;
or
(b)
is
associtited
wilh
specifrc projects relating to actual construction or 35
investigfitory
work.
(3) The Director-General must, from time
to
time,
and
after consultation with the
Department of Public Service
and
Administrfition,
determine the conditions of
employment
of
such employees.
(4)
Such employees shall be remunerated
from
money
tippropriated
for that purpose
40
by
Parliament.
CHAPTER 7
CATCHMENT MANAGEMENT AGENCIES
This Chapter provides
ftm the progressive establishment by the Minister
of
catchment management agencies. The purpose of establishing these agencies is
to
45
delegate water resource management to the regional or
catchment
level and to involve
local communities, within the framework of the national water resource strategy
X6
N(I
19182 (;
OVEKN\lt7NT
(i
AZE17’E,
26
AIJ(;LIS”l’
1998
Act
No.
36,
19!)8 NAT1ONAI.
WATER
AL-T,
1998
established in terms
of
Chapier
2. Whilst the ultimate
aitn
is to
estabiish
catchment
management agencies for all water management areas, the Minister acts as the
catchment management agency where one has not been established. Where the
necessary capacity does not exist to establish a
catchrnent
management agency, an
advisory committee may be appointed under Chapter 9 to develop the necessary
capacity as a
jirst
step towards establishing an agency.
Part I: Establishment and powers of
catchment management agencies
Under Part 1 a
catchment management agency may be established for a specijic
water management area, after public consultation, on the initiative of the community
and stakeholders concerned.
In
the absence of such a proposal the Minister may
establish a
catchment management agency on the Minister’s own initiative. The
provisions of Schedule 4, on institutional and management planning, apply to a
catchment management agency.
Proposal for establishment of catchment management agency
77. (1) A proposal to establish a
catchment management agency must contain at
least—
(a)
(b)
(c)
(d)
(e)
(f)
a proposed name and a description of the proposed water management
area
of
the agency;
a description of the significant water resources in the proposed water
management area. and information about the existing protection, use,
development, conservation, management and control
of those resources;
the proposed functions of the
catchment management agency, including
functions to
be
assigned and delegated to it;
how the proposed
catchment management agency will be funded;
the feasibility of the proposed
catchment management agency in respect
of
technical, financial and administrative matters; and
an indication whether there has been consultation in developing the proposal
and the results of the consultation.
(2) The Director-General may assist a person to develop such
a
proposal.
Procedure for establishment of
catchment
management agencies
78. (
I
) The Minister may, subject to section 6(1
)(c),
on his or her own initiative or
after receiving
a
proposal
conttiiriing
the information required in terms of section 77(
1
).
by notice in the
Gaze[te-
(a) establish a catchment management agency, give it
a
name and identify
ond
determine its water management
area;
or
(b)
amend the name or water management area of an established catchment
management agency.
(2) The Minister
may—
(a)
(b)
require a person who has submitted
a
proposal contemplated in subsection (
1
),
to provide the Minister with information additional to that required by section
77(l); and
instruct the Director-General to conduct an investigation
regarding—
(i) the establishment of a catchment management agency; or
(ii) a proposal submitted
in terms
of
subsection (1).
(3)
Before the establishment of a catchment management agency the Minister
must-
(a)
publish a notice in the
Gaze?te—
(i) setting out the proposed establishment of the catchment management
agency, the proposed name and the proposed water management area;
and
(ii ) inviting written comments to be submitted on the proposal specifying
an
address to which and a date before which the comments are to be
submitted, which date may not be earlier than 60 days after publication of
the notice;
(b)
consider what further steps, if any, are appropriate to bring the contents of the
30
35
40
45
50
55
Ns
N(1
l~)lx2
(ioVllRNNIENT
GAZETIE.
26
A(JG(l
S’r
l~J9X
id
No.
36,
I’wtl
N.ATIONAI.
WA1’t.K
.A(”T,
199X
no[icc to
IIW
utmnlion
of
interested
persons. and [ake those steps which [he
klini>(cr c(msiclers to bc appropriate; and
(t)
c(m~idcr
iJll
comlnents received on or
bekme
(be
da[c
specified
in
parugraph
([[)(
ii).
(4)
It
tlw
Minis[er
wanls
to amend
the
name
O(
a
cxrtchmtmr
management
agency
or 5
IIw
wa(er
man:igclncnt
area
<)f
a catcbment nunagrmcnl agency. the procedure
set
oat in
subsecti(m
(3)
tnus[
be
followed
with any necessary
changes:
Pro\ided
thai
where
an
a]nendment
does
not
affect
the rights of any person the procedure set
out
in subsection
(3)
need
no[
be
IOI1OWCL
General powers
and
duties of
catchment
management agencies
lo
79. ( 1 ) A
catchment management agency is a body corporate,
and
htis
the powers
of
a
natural person
of
full
capacity, except those powers
which—
(a)
by nature
cm
on] y
attach
to
naturtil
persons; or
(b)
m-e
inconsistent with this Act.
(2)
Schedule
4
trpplies
to
a
catchment management agency, its governing board
and
15
commi![ces
and
the
members
of’
the
hoard and committees.
(3) A
cutchinent
management
agency
may
perform-
(a)
tiny
01
its lunclions;
or
(h)
any
function which is reasonably incidental to
tiny
of its (unctions,
outside its
water
mtinagement
area, if this
does
rrot—
Z()
(i) limit its
capfici(y
to perform its functions in its water management
arwr;
or
(ii) detrimentally
atfect
mother water management institution.
(4)
[0
perhmning its functions
a
calchmerrt
management
agency
must—
(a) be
mindt’u]
of
lhe
constitutional imperative [o redress the results of
pas(
racial
and
gender discrimination and to achieve equitable
access
for
all
to
the
wuler
25
resources under its control;
(b) strive towards achieving
co-operation
and
consensus in managing
the
water
resources under its control;
and
([) act prudently in
financitit
mtr[[ers.
Initial functions of
catchment
management agencies
30
80.
Subject to
Chapler
2
and
section 79, upon the establishment of
a
catchment
management agency,
(he
initial functions
of
a
ca(chment
management
agency
we-
to investigate
and
advise
interested persons
(m
the protection.
USC,
develop-
ment. conservation, management
and
control ot the water resources in its
waler management
urea;
35
to develop
a
catchnrcnt
management
stmtegy;
10
co-ordinate the related activities of watel users
and
of the water
management
institutions within its water management area;
10
promote
[he
co-ordination
ot’its
implementation with the
irl]pletnet]ti~ti~~i]
()[”
tiny
applicable development
plan
establisheli
in terms of the
Water
Scr\rces
40
Act,
1997
(Act No.
108
of
1997);
and
to
promote
community
ptirticipation
in
the
projection, use,
devclopmcltl.
c(mw\a[ion.
n~anagcment
and
con[rol
of’
(hc
water
resources in
its
water
management area,
Part 2: {hverning board of cotchment management agencies
-)5
Part 2 describes the
appointmetlt
ojtnembers
of
the governing board
qfa
catchment
management agency. The board of a
catchment
manageme)tt
agency will be
constituted in such a way that interests of the various
stakeholders are represented or
rejlected in a
balanced
manner, and the necessary
expertise
to operate effectively is
provided. Members
t~f
the governing board can be elected or nominated by the
50
diflerent water aser
groups
for appointment t by the Minister, and the Minister may of
his or her
own
accorli appoint,
filr-ther
members. The Minister may also remove board
members for good reason.
w) N(I.
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Appointment of governing board of
catchment
mm
agement agency
81.
( 1 ) The members of
a
governing board of
a
catcl ment management agency must
he
appointed by the Minister who. in
making
such
ap
Jointment.
must do so
with
the
object
of achieving a balance among the interests of w
iter
users, potential water
users.
local
and
provincial government and environmental in crest groups.
5
(~)
Notwithstanding
subse~ti~~ns
(~)
to
(~)
the Mi
Iister
nlust,
from time to time,
determine the extent to which relevant
local
governme
Its
should be represented on the
governing
hoard
of each
catchrnent
management agenty.
(3) Before appointing members to the
go\erning beard, the Minister must establish
tin
wivisory
committee contemplated in Chapter 9, to
I
:commend to the Minister—
10
(a)
which organs of
slate
and bodies
represenl
ing
different sectors and other
interests within the water management area of the
catchment management
agency should be represented or reflected on the governing board; and
(b)
the number of persons which each of them s
lould
be invited to nominate.
(4) The committee must consult with the relevant or
~ans
of state and interest groups 15
before making its recommendations.
(5) After receiving the committee’s
recommendat ens, the Minister must decide
which organs of state and bodies will be invited
t,
J
nominate representatives for
appointment to the governing board. and the
numbt
r of representatives each may
nominate.
2(I
(6) The Minister’s decision must be communicated o the organs of state and bodies
concerned and the Minister must take the necessary st
:ps
to obtain nominations from
them by
a
date specified by the Minister.
(7) The Minister must appoint the persons
nominattd by the organs of state and the
bodies concerned in accordance with the invitation, un
‘ess—
25
([7) any such person is not a
(it
and proper person o serve
on
the governing
board;
or
(h)
any such organ of state or body has not
follo
ved its own internal procedures
in making the nomination.
(8)
If
the Minister does not appoint a nominee. the dinister must—
30
((J)
inform the
organ
of state or body concerne
i
and state the reasons for not
appointing that nominee; and
(b)
invite a further nomination from that organ c f state or body.
(9) If one or more nominations are still
outstandi:lg
on the date specified under
subsection (6), the Minister may appoint members of the board and till any vacancy
35
later.
(
10)
After appointing members to the board the k inister may appoint additional
members selected by the Minister in order
to—
(a)
represent or reflect the interests identified by the advisory committee;
(b)
achieve sufficient gender representation;
(c)
achieve sufficient demographic representation] ;
(d)
achieve representation of the Department;
(e)
achieve representation of disadvantaged pers
ms
or communities which have
been prejudiced by past racial and gender discrimination in relation to access
to water; and
45
(~)
obtain the expertise necessary for the efficient exercise of the
board’s.
powers
and performance of its duties.
( 1 I ) A member must be appointed for a specified
(e]
m of
otlice.
( 12) The Minister may extend the term of office
of;
member,
( 13) If the term of office of a member expires before he first meeting of a new board
50
takes place. the existing member remains in
oilice
until
that first meeting takes place.
( 14) A member nominated for appointment to the
boi
rd by an organ of state or body
is accountable to that organ of state or body.
40
Chairperson, deputy chairperson, chief
executiw officer and committees of
catchment
management agency
55
82. ( I
)
The Minister must convene the first meetin
<
of the governing board of a
()?
No.
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GOVE RNMENT GAZETTE, 26 AUGUST 1998
Act No. 36, 1998 NATIONAL
WATEI
ACT, 1998
5
ca(chmen(
management agency, which must be chaired I
)y
an
oflicial
of the Department
or a member of the committee.
(2) At the first meeting of the governing board, them
mlbers
may recommend one of
them for appointment as chairperson and another
:1s
de]
~uty
chairperson.
(3) The Minister
must-
(a) with due regard to any recommendation mad: by the governing board at its
first meeting, appoint one of the members as
~hairperson;
and
(b)
appoint any other member as deputy chairperson.
(4) The chief executive officer provided for in
Schei
‘ule
4 may be a member of the
governing board, but may not be its chairperson or dep
]ty
chairperson.
10
(5) A catchment management agency may
establ
sh
committees, including an
executive committee and consultative bodies, to perfor n any of its functions within a
particular area or generally or to advise it, and must
dett
rmine
how they must function.
Removal of members from governing board
83. ( I ) The Minister may remove a member from a governing board, or remove the 15
chairperson or deputy chairperson from office,
if—
(a) there is good reason for doing so;
(h)
the person concerned
has
had
an opportunity
c
f making representations to the
Minister; and
(c)
the Minister has consulted with the
governing
board.
20
(2) The Minister must remove a member nominated
b!
an organ of state or body from
a governing board if that organ of state or body request
i
the Minister to do so.
(3)
[f
a
person ceases for any reason to be a member
c
f a governing board before that
person’s term of
otlice expires, the Minister may, for the remainder of the
term
of
office—
25
(OJ
if that person was nominated by any organ of state or body, appoint another
person nominated by that organ or body; or
(IJ) if that person was selected by the Minister,
a[
point another person.
Part 3: Operation of
catchment
managt
ment agencies
Part 3 deals with the functions and operation of
catc
hment
management agencies.
30
Initial functions, dealt with in Part 2, include the invest
‘gation
of and advice on water
resources, the co-ordination of the related activities of other water management
institutions within its water management area, the development of a
catchment
management strategy and the promotion of community participation in water
resource management within its water management area. Additional powers and 35
duties described in Schedule 3 may be assigned or
de~
egated to agencies such as to
establish water use rules and management systems, to direct users to terminate illegal
uses of
wate~
and to temporarily limit the use of
wate)
dun”ng
pen”ods
of shortage.
A
catchment management agency may be jinancefi by the state from water use
charges made in its water management area or from
a
vy other source.
40
Funding of catchment management agencies
84.
(l)
A catchment management agency may raise a
Iy
funds required by it for the
purpose of exercising any of its powers and carrying out
~
my
of its duties in terms of this
Act.
(2) A catchment management agency must be funded
by—
(a) money appropriated by Parliament;
(b)
water use charges; and
(c)
money obtained from any other lawful source f
x
the purpose of exercising its
powers and carrying out its duties in terms of his Act.
Documents relating to litigation
45
50
85. A catchment management agency must provide
thl
Director-General with copies
94
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NATIONAL
WATEF
ACT.
1998
of
all pleadings, affidavits and other documents in
th(:
possession of the catchment
management
agency
relating to any proceedings ins
ituted
against that catchment
management agency.
Delegation of powers
by
catchment management agt ncy
86. ( I ) Subject to subsections (2) and (3), a
catchn[ent
management agency may
delegate
my power to—
(a)
(b)
(c)
((1)
a member of its governing board;
an employee of any water management institution (including itself), by
name,
or to the holder of an office in that institution: or
any committee established by the
cotchmer
t management agency which
consists only of members of the
governin{
board or employees of the
catchment
mamrgetnent
agency: and
any other person or body only with the
writtc
I
consent of the Minister.
(2)
A catchment management agency may not
deleg;
te—
([/)
the power of delegation: or
(b)
any
power
to make water use Charges.
(3)
A catchment management agency may only
dele.g
[te
a
power to authorise the use
of water. it this power is delegated
to
a committee
consi:
ting of three
or
more members
01
its governing
board.
Pat-t 4: Intervention, disestablishment or change of water management areas
of
catchtnent management aget ties
Part 4 enables the Minister to disestablish a catch went management agency or
make changes to its water management area, for
reas~
ms
which include the need to
reorganise water management institutions for more
effi
‘ctive
water resource manage-
ment. An agency may
al.~o
be disestablished if it does
)
:ot
operate effectively.
Intervention by Minister
87. ( 1 ) If a catchment management
agency—
(u)
is in financial difficulties or is being otherwist mismanaged;
(b) has acted unfairly or in a discriminatory or inequitable way towards any
person within its water management area;
(c)
has failed to comply with any directive given
>y
the Minister under this Act;
(d)
has
obstructed the Minister or any other wa er management institution in
exercising a power or performing a duty in
tel
ms of this Act;
(e)
is unable to exercise its powers or perform its duties effectively due to
dissension among the members of the board
(r
water users within its water
management area;
(f)
has failed to comply with this Act; or
(g)
has become redundant or ineffective.
the Minister
may—
(i)
direct the catchment management agency to
t:
ke any action specified by the
Minister:
tind
(ii) withhold
any
financial assistance which migh otherwise be available to the
catchment management
agency.
until
tlw
catch
men[
management agency has
complied with
SUCI1
directive.
(2)
A directive contemplated in subsection
(
1
)(i)
mus!
state—
(cl)
the nature of the deficiency;
(b)
the steps which must be taken to remedy the s
tuation;
and
(() a reasonable period within which those steps
I
lust
be
taken.
(3) If the catchment management agency
fails
to re nedy the situation within the
given period, the Minister nuiy-
(a) after having given that
catchment management agency a reasonable opportu-
nity to be heard;
and
5
lo
15
20
25
30
35
40
45
50
96
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191)8
(h)
after having afforded the
catchrnent
manage
lment
agency a hearing
on
any
submissions received,
tuke
over the relevant power
or
duty
01 the catchment I management agency.
(4)
[f
the Minister takes over a power or duty of
a
cd
chment
mtinagernent
agency—
(a) the Minister may do anything which the catchlnent management agency might 5
otherwise be empowered or required to
dc
by or under this Act, to the
exclusion
of
the catchment management agelcy;
(b) the board of the
catchment management
agent
y may not, while the Minister is
responsible for that power or duty, exercise a
ly
of its powers or perform any
of its duties relating to that power or duty;
I
()
(c)
an employee or
a
contractor of the
catcbn
ent management agency must
comply with
a
directive
given
by the
Ministe-;
(d)
as soon
as
the Minister is satisfied that the cachment management agency is
once more able
to
exercise its powers or pe
‘form
its duties effectively, tbe
Minister must cease exercising any such po
.vers
and
performing
any
such
15
duties; and
(c)
the Minister may recover from the catch nent management agency all
reasonable
costs
incurred, including any loss’s
suf~ered
as
a
result
of
iawfu]
and reasonable action taken under this
sectic
n,
except to the extent that the
loss is caused or contributed to by the negligence of the Minister, or any
20
person under the control of the Minister.
Disestablishment of
catchment management agency
88. ( 1 ) The Minister may, by notice in the
Gtic
‘fte,
disestablish
a
catchrnent
management
agency
if it is desirable—
(a)
for purposes 0[
re-organisin,g
water
managem(
nt
institutions in that area in
(he
25
interests of effective water resource
managen
ent;
(b)
because the catchment management
agerw:
cannot or does not operate
effectively; or
(c)
because there is no longer
a
need for the catc lment management agency.
(2) Before disestablishing a
catchmeot management agency the Minister
must—
30
([7) publish a notice in tbe
G(~;c(It’-
(i) stating the intention to disestablish the
(
atchment
management agency
aJld
the reasons therefor; and
(ii) inviting
written
comments on the
propo$
:d disestablishment and gi\ing
a specified address to which
and
a date bc fore which the comments are to
35
he submitted. which date may not
he
earlier than
60
days after
publication of the notice:
(b)
consider what further steps, if any, are
appropt
iate
to
bring the contents
of
the
notice to the attention of interested persons,
md
take those steps which the
Minister considers to be appropriate; and
(c)
consider all comments received
on
or before he specified date.
40
Transfer of assets and liabilities after change of water management area or
disestablishment
89. ( I )
It’
the Minister changes the water management area of a
ctitchnlent
management agency under section
78
or disestablishes
u
xrtchrnent
management agency 45
under section 88, the Minister may direct the catchment management agency to transfer
some or all of its assets and liabilities to another water management institution.
(2) A
catchment management agency must
do
everything in its power to give effect
to a directive under subsection
(
1
).
(3) In issuing a directive under subsection ( 1 ) the M
nister must consider-
50
((/)
the
interests of creditors and users of water;
a
MI
(b)
any financial contributions directly or
indirec
Iy
made by the users of water
resources towards the infrastructure
of the cat :hment management agency.
(4) Where a
catchment
rnantigement
agency is dis established and its assets and
liabilities
[Ire
not transferred to another water manage nent institution its assets and 55
98
N()
191X2
GOVERNMENT GAZETTE, 26 AUGUST
1998
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NATIONAL WATER ACT,
1998
liubiiities vest in the Minister
and
the Minister must wind up its affairs and assume the
powers
and
du[ics
of
[he
catchment management
agency
for the period of winding up.
(5) No
transt’er
duty, other tax or duty is payable in respect of the transfer of
any
assets
in
terms
ot’
this section.
Regulations on
catchment
management agencies
90. ( 1 ) Subject to subsection (2), the Minister may make
regulations—
(u)
prescribing a maximum
and
a minimum number of members of a governing
board;
(b)
requiring the establishment of consultative forums and determining their
composition and functions;
(c)
determining, in consultation with the Minister of Finance, the basis and extent
(2
of remuneration and payment of expenses of members of governing boards
and
committees; and
d) on
wry
other matter which is necessary or desirable
for
the efficient
functioning
of’
catchment management agencies and their governing boards
and committees.
In making regulations, the Minister must take into account all relevant
considerations,
i~clud~ng
the need
t~
(a)
achieve adequate representation of and consultation with organs of state,
bodies representing different sectors and other interests within the areas of
jurisdiction of
catchment management agencies; and
(b) secure the efficient
find
cost effective functioning of catchment management
agencies and their management structures.
CHAPTER 8
WATER USER ASSOCIATIONS
This Chapter deals with the establishment, powers and disestablishment of water
user associations. Although water user associations are water management institu-
tions their primary purpose, unlike
catchment management agencies, is not water
management. They operate at a restricted localised level, and are in effect
co-operative associations of individual water users who wish to undertake
water-
related activities for their mutual benefit. A water user association may exercise
management powers and duties only if and
to
the extent these have been assigned or
delegated to it. The Minister establishes and disestablishes water user associations
according to procedures set out in the Chapter. A water user association for a
particular purpose would usually be established following a proposal to the Minister
by an interested person, but such an association may also be established on the
Minister’s initiative. The functions of a water user association depend on its approved
constitution, which can be expected to conform to a large extent to the model
constitution in Schedule 5. This Schedule also makes detailed provisions
fbr
the
management and operation of water user associations. Although water user
associations must operate within the framework of national policy and standards,
particularly the national water resource strategy, the Minister may exercise control
over them by giving them directives or by temporarily taking over their functions
under particular
circutnstances.
Existing irrigation boards, subterranean water control boards and water boards
established for stock watering purposes will continue in operation until they are
restructured as water user associations.
Proposal for establishment of
water
user association
91. ( 1 ) A proposal to
estublish
a water user association must contain at least—
([/)
the reasons for making the proposal;
(/))
a proposed name
and
area of operation for the association;
(c)
the proposed activities of the association;
(d) a description
of any existing or proposed waterwork within the proposed area
of operation which is relevant to the proposed activities of the association;
5
10
[5
20
25
30
35
40
45
50
I(nl
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UST
1998
,~ct
N{).
M,
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NATIONAL
WATER
ACT’,
19’)8
((’)
(1)
(s)
(/1)
a
description 01’ (he wii(er use
Iicences
or
any
o[her
iiir[horiwtions
which
the
proposed
members
hold
or
intend
applying for;
the
proposed”
constitution of the
association.
t(~gcther
with
an
explanation
for
any
pr(wis
ions
which
differ
trom
those
of the
model
constitution
cont:iiiwd
in
%hedule 5;
it
list
of
the
propt)wd
nwmbcrs
(jr
c~ttegories
of
rnemhers
of
the
~issoci:lti{m;
and
tin
indication whether’
there
hits
been
consul[iition
in developing
the
propos;d
5
;inil
the
results of
the
consirlta
(ion.
(2) The
Director-Gencr:il
ln:ty
assist
a
person
to
develop such ii proposrl.
10
Procedure for
estuhlishmeut
of water user association
92. ( 1 )
The
Miilister
miiy on his or her own
ini(ia[ive
or
irfier
receiving
:i
propowil
cont~tining
[he
inl’ormution
required in terms
ot
section
9
I (
I
),
by notice in the
Gacet{e-
((/)
estiiblish
a
water
user dissociation, give it
a
niunc,
determine its
areti
of
operation
and
iipprx)ve
its constitution subject
to
section 93(2); or
15
(b)
amend
Ihe
ntime,
weir
of
oper-:ition
or approve
;tn
iimemlment
to
tht
constitution of
an
cs(ablished
water user association.
(2) The Minister
nuiy-
(a)
require ii person who
h:ls
submitted ii proposal in
terms
of subsection ( I )
to
provide the Minister with
iiilditional
infbrmiition
to
thut
required by section
20
91(l);
and
(b)
instruct the
Director-Geneml
to
conduct
an
investigation
regarding—
(i)
the
establishment of
a
wirtcr
user
associu(ion;
or
(ii)
~i
prop~)s:il
submitted
in terms of
subscctioil
(
1).
(3)
Before
the
establishment of ii
wtiter
user association
the
Minister
nJilsI-
~5
((l)
(1))
([”)
pliblish
:i
notice
in
the
Gctzc([e-
(i)
setting
out
the
proposed establishment of the
w:iter
user
w+ociirtion,
the
proptlsed
name
:incl
the proposed
area
of
oper~ition;
:ind
(ii) inviting written comments
to
be
slibtnitted
on the
propmir]s,
specifying
an
:iddress
to
which
:ind
:i
date
before which the comments
:ire
to
be
30
submitted, which date
may
not be e;irlier than
60
ckiys
:itier
pub[ictition
of
the
rmtice;
consider
whirt
further
steps,
if any, are
:ippropriiite
to
bring
the
cnntents
of the
notice
to
the
titten[ion
of interested persons,
and
tiik~
(hose
steps
which
the
Minister
cnnsiders
to
be
irppropriiite;
and
35
consider
any
comments received on
or
before
the
diite
specilieil
in
pariigri]ph
(t/J(
ii).
(4) The Minister
nctxi
not
fiiltil
:ill
the
requirements of
subsecti(m
(3),
if
there
hits
beeil
sutficienl
consultation on
ii
pr(~pos;tl
submitted in
terms
ol section
91.
(5) The Minister
nMy-
40
([/)
recover the cost of complying with subsection (3)
from
the
woter
user
association once it
has
been
established; or
(b)
require
the
person proposing the establishment ofthc
wtiter
mwr
iissociittion
to
pay
the
costs
in
:idvance.
Constitution of water user association
45
93. (
I
)
Schcdulc
5
conttiins
ii
model
constitutiotl
which
m:iy
be
used
its
:i
biisis
for
drttwing
up
and
propming
o
constitution
fur
:i
proposed
wiiter
user
ilSSOciiitiO1l.
(?)
The
constitution of
:i
w;iter
Liser
Jssocititi(m
I1lLIS(
contiiin
at
!c:ist—
((l)
(b)
(()
((/)
((’)
ff)
(s)
(/1)
dct~iils
i)t [he
pt-incip;il
~ind
ancill:try fi]nc[ions
of
the iissocitition;
the procedures
Liid
requirements
for
ildinittirlg
new members
[0
tlw
50
iissocii
ilion;
”
the
voting
po\vers
of members;
prtxxxtures
t’or
[crmin:iting
membership;
procedures
[[w
electing the
mirnagement
committee 01’ the association;
pi-(wdur:ll
rcquircnwnts
for
:ippointnwnt
of employees of the
associ;]iion:
55
procedilr:il
requirenmnts
for obtaining
lo~tns;
:ind
the
Iiniinci:il
oblig:ttions
of
membm towards the
associ:i[ion.
102
No.
19182
GOVERNMENT GAZETTE, 26 AUGUST 1998
Act No. 36,
1998 NATIONAL WATER ACT, 1998
(3)
A constitution
Imust
also incorporate such other provisions
as
the Minister may
reason~bly
require and must be adopted by the members of tbe association and approved
by the Minister before it can exercise any powers or perform any duties.
(4)
A constitution adopted by a water user association is binding on all its members.
Powers of water user association
94. ( I ) A water user association is a body corporate and has the powers of
a
natural
person of
full
capacity, except those powers
which—
(a) by nature can only attach to natural persons; or
(b)
are inconsistent with this Act.
(2) Schedule
4
(excluding item 4(3) of Part
1
of that Schedule) applies to a water user
association as
if—
(a)
the water user association were an institution; and
(b) a member of the management committee were a director,
within the meaning of that Schedule, except to the extent that the Minister may
otherwise direct.
Directives to water user association
95. (
I
) The Minister may, after consulting with a water user association, direct that a
person be admitted as a member of the association on such conditions as are fair and
equitable.
(2) A water user association must comply with a directive given under subsection(1).
(3) If a
wuter
user association—
(u)
is in financial ditliculties or is being otherwise mismanaged;
(b) has acted unfairly or in a discriminatory or inequitable
way
towards any
member of the association;
(c)
has failed to admit persons to membership unfairly or on discriminatory
grounds;
(d)
has failed to comply with any directive given by the Minister under this Act;
(e)
has obstructed the Minister or any other water management institution in
exercising a power or performing a duty in terms of this Act;
(~)
is unable to exercise its powers or perform its duties effectively
due
to
dissension among the management committee or its members;
(g) has failed to comply with its constitution or this Act; or
(h)
has become redundant or ineffective,
the Minister
may—
(i) direct tbe association to take any action specified by the Minister;
(ii) withhold any financial assistance which might otherwise be available to the
water user association until the association has complied with such directive;
or
(iii) by notice addressed to the association
and
the member concerned, terminate
the office of that member of the management committee and arrange for
the
resulting vacancy on the management committee to be filled.
(4)
A directive contemplated in subsection (3)(i) must state—
(u)
the nature of the deficiency;
(b)
the steps
wbicb
must be taken to remedy the situation; and
(c)
a reasonable period within which those steps must be taken.
(5) If the water user association
fails
to remedy the situation within the given period,
the Minister
may-
(a)
after having given that association a reasonable opportunity to be heard; and
(b)
after having afforded the association a hearing on any submissions received,
take over the relevant function of the association, or appoint a suitable person to take
over the power or duty.
(6) If the Minister, or a person appointed by the Minister, takes over a power or duty
of
a
water user association—
(u)
the Minister or the appointee may do anything which the association might
otherwise be empowered or required to do in terms of its constitution or by or
under this Act, to the exclusion of the association;
5
10
15
20
25
30
35
40
45
50
55
104
N,I.
1°IX?
(;
OVIXNMEN’I’
GAZLWTE,
26
A(IGLIST
1998
Act
No.
36,
1998
NATIONAI.
WATER
ACT,
1998
(b)
((”)
(1/)
(,’)
[he
mMI;Igemem committee
of
tbc association
may
not,
while
the
Minister
(M
(Iw
appointee
is
responsible
for
lbal
power
or duty,
exercise
any
of
its
powers
or
pet-ftmn
any
ot’
i[s
duties
relating to
thtit
power
or
duty;
an
elnploycc
or
u
contractor of
the
association
must comply with
a
directi\
e
given
by
Ilw
Minister or (he :Ippointee; 5
M soon m (be Minister
is
satisfied [hat the tissocia(ion is once more ublc
(()
exercise
its
powers
find
pert’orm its duties effectively, the Minister or the
appointee, as
the cusc
mtiy
be, musI
cease
exercising such powers and
pcrl’orrning
such duties: and
[he
Minister may recover
from
the association
all
reasonable costs incurred by I ()
the
Ministm
or the appointee,
including-
(i)
the
reasonable fees or disbursements of the appointee;
and
(ii) any
losses
suffered
as
a result of
Itiwful
and
reasonable action taken
under
this section, except to the extent that the loss is caused or
contributed
to
by the negligence of the Minister or the appointee
or
my 15
person
under
their
control.
Disestablishment
of water user association
96.
( I ) The Minister
may,
by
notice
in the Ga:et/e, disestablish
an
association-
((/)
(t])
(1”)
((1)
(f’)
(.IJ
in circumstances provided for in the constitution of the association;
if the functions
of the
ussocia(ion
are,
by agreement with another water 20
management institution, to
be
combined with,
or
taken over by that water
management institution;
it’
ii
is in
[he
bes[
interes[s
of
[he
associir[ion
or its members;
if
on
investigtition
of its affairs or
financitil
position reveals
thut
disestablishment is
tippropriate;
15
if the Minister
has
taken over a power or duty
of’
the association as
a
result
ol
dissensions
among
(he
management committee or its members; or
if the association is no longer active or
el~ective.
(2) Before disestablishing
a
water
user
associulion
[he Minister
must-
(u)
pubiisb
a
notice
il~
Ihe
@xtfc’-
30
(1))
(c)
“(i) stating
the
intention
to
disestablish the water user association:
(ii) setting out
the
reasons for disestablishing the
water
user
associati(m;
und
(iii ) inviting
writ[en
comments on
the
propostil,
specifying
tin
address
t{)
which
and
a
date before which
the
comments
tire
to be submitted, which
d~te
may
not
be
curlier than 60 days
after
publication 01’ the notice;
consider what further steps, if any,
m
appropriate
to
bring
the
contenls
of
the
notice to
[he
attention of interested persons, and take those
steps
which the
Minister considers to
be
oppropriote;
anLI
consider all comments
received
on
or
before the specified
date.
35
Winding up affairs of disestablished water user association
-10
97. ( 1 ) When a water user association is disestablished. its
idfairs
must
be
wound
lIp—
(</)
as provided
Ibr
in
ils
constitution; or
(b)
by
a
person
appointed by the Minister in
accordtincc
with directives
given
by
the
Minisler it
lhe
constitution does not provide
Ior
winding up.
(
2
)
The
costs
of winding up
d
water
user association are a cost
uguinst
the
eslate
ot’the
45
Msocial
ion.
(3)
Creditor’s
of
a
water
user association must
be
paid
occording
to the order
ot’
preltrence established by the Insolvency Act, 1936
(Act
No.
24
of 1936).
(4)
If
the
atiairs
ola
waler
user association are wound up, the Minister may
direct
thtit
an amount equivalent to
any
linancial
contributions with interest made to the
associtition
50
I
06
N()
101X2
(;OV
;RNMENT
GAZETTE,
26
AU(;
UST
1998
Act No.
M,
1998
NATIONA[.
WATF R ACT,
1998
from
public funds be reimbursed, before assets are
dif
tributed
among the members
of
the
association.
(5) No transfer duty, other tax or duty is payable n respect of the transfer
of
any
assets
under
subsection (4).
Transitional provisions for certain existing
organis+
Itions
98. ( I ) This section applies
te--
(a) any irrigation board or
subtermnean
water control board established by or
deemed to be an irrigation
bowxl
in terms {f any law in force
immedititely
before the commencement of this Act;
(b)
the
Kalahari
West Water Board, established b y Government Notice
No,
143
of
13
August
1982;
(c)
the Karos-Geelkoppan Water Board,
establi:
hed by Government Notice
No
145 of 7 October 1983; and
(d)
the
Kalahari
East Water Board, established Iy Government Notice No.
2233
of 4 November
1988,
each of which is a
board
for the purposes of this secti m.
(2) A board continues to exist until it is declared
IO
be a water user association in
terms
of subsection (6) or until it is disestablished in te
ON
of the law by
or
under which
it was established, which law must, for the
purpo:e
of
such disestablishment, be
regarded as not having been repealed by this Act.
(3)
Subiect
to subsection
(4)—
(a)
(b)
(c’)
(d)
the name, area of operation, manageme lt, property, rights, liabilities,
obligations, powers and duties of a board
I
amain
the same
as
immediately
before the commencement of this Act;
this section does not
atiect the continuity, sta us, operation or etiect of any act
or omission of a board, or of any
by-lav
made by a board, before the
commencement of this Act;
any person holding
ofhce
with a board when his Act commences continues in
office
for the term of that person’s
appointrr
ent; and
if a position becomes vacant prior to the de
;laration
of the board
as
a water
user
-
association, the board
m~y
fill the vat: ncy according to the procedures
laid down by or under the law which applied to that board immediately before
the commencement of this Act.
(4) Within six months of the commencement of
th
s Act, a board must prepare and
submit to the Minister a proposal, prepared
accordin;
:
to section 91, to transform the
board into a water user association.
(5) The Minister may accept the proposal
contem
)lated
in subsection (4), with or
without amendments, or reject it.
(6) If the Minister accepts the proposal, the
Ministe
~
must by notice in the
Ga:e[te-
((~)
declare the board to be a water user associa ion;
(b)
give it a name;
(c,)
determine its area of operation; and
(d)
approve its constitution.
(7) Upon the publication of a notice under
subsect on (6), every property, right and
liability of the board becomes a property, right and
Iitbility of the relevant water user
association.
CHAPTER 9
ADVISORY
COMMITI
EES
This Chapter empowers the Minister to
establi
vh
advisory committees. Each
advisory committee will be established for a particular purpose, and it is therefore
possible for a variety of advisory committees to be
e.w
zblished with different purposes
and functions. Although primarily advisory in
natur{, such committees may exercise
powers which are delegated
to
them. The Minister , nay amend the functions of an
advisory committee,
or disestablish it. Certain
exl
~ting
advisory committees will
continue to
functi”on
as though they were advisory
C(
remittees established under this
Act.
5
10
15
20
25
30
35
40
45
50
55
lox
N{)
19182
GOV
;RNMEN’J
G/\
ZETTE.
26
A(IGIIST
199X
—
Act
No.
.36. 1998
N,ITIONAI.
WAT1
R
A(’T,
199X
Kstahlishment
of advisory committees
99.
(
I )
The
Minis(er
ITIay
-
([1)
establish an advisory
commiltce:
(h) give
it
a
name or change its name:
(~)
dc[crmine
its purpose anti functions or
el~ec{
amendments thereto;
(d)
Inahc appointments
[()
Ihc
con)mittcc.
inclu(
in:
the
chairperson
and
chair
perstm:
(c) remove persons
from
Ihc
committee:
anti
(/”)
disestablish
an
advisory committee.
(2)
ollicials
of
the Department mav be members
01
an advisory committee.
(3)
A member of
a
cot~mlittce
tnay-be
remunemteci
N
directed
hy
the Minister.
with
the
concurrence of the Minister
of’
Flni[nce.
(4) An act performed in good
t~ith
by
a
committe!
is valid, despite any failure
to
comply
with
il
formal
procedural requirement.
(5) The
I>epartmen(
may
supply administmtive sup
mrt
services
to
a committee.
(6) An
oliicial of the IXpartment
who
is
not
a nember of the
commi(tce,
it
so
directed
by
(he
l>ircctor-Gellcr:ii.
may
attend
a meeting )fa committee, but may not vote
at the meeting.
(7) The Minister in appointing a member
of
il
comlnittce. must
consider-
(a)
the
powers and
(Iuties
of the
c(~nlnlittce:
(h)
the
need
for
the
cxm~mittee
to
represent
vari{
ms
relevant interests:
and
(<)
the
expertise
ncccw:wy
for
[he
cxmlmiltee
10
exercise its powers and perform
its duties
et?eclively.
Regulations regarding advisory committees
100. The Minister may by regulation establish terms
ot’
relerence and
i~lly
other rules
concernitlg
the membership, powers
and
duties and
or
eratimr
of a committee.
Transitional provisions relating to advisory
commil
tees
101. ( 1 )
The National
Water
Advisory Council established by section
3A
of
the Water
Act,
1956
(Act
No.
54
ot
1956),
the Advisory
Committ(
e
on Safety
of’
Dams established
by
secti(m
9C(5
)(~~)(i)
of the Water Act, 1956. and
any
advisory committee estahlishcd
under section
68(
[
) of the
W.tter
Act. 1956.
mwst
bc
regarded as being an
advisory
committee contemplated in this Act.
(2) Subject
to
(he
Minister’s powers under section
!
9—
(a)
Ibe
name.
powers
and duties of a committee
)r
body referred
to
in subsection
( I ) remain the same
i]s
they were
immedia[t
Iy
before
the commencement of
this Act;
(b)
any provision of
the
Water Act.
1956.
or a r
:gulation
or notice issued
under
tbiit
Act regulating any matter contemplated
m
section 99, continues
to
apply
as
it it were a
regulati(m
tnadc
under
sectim
1
()(); and
(() any person
holding
ot}ice
in a committee
or
t
ody
referred
(o
in subsection (
I
)
immediately
before
the
conm~encenwnt
of
th
s Act continues in
office
until the
expiration of that person’s term
ofappointmelt
or
until the committee or body
is disestablished, whichever happens sooner
CHAPTER
10
INTERNATIONAL WATER
MAI
JAGENIENT
Under this Chapter the Minister may establish
bo lies
to
implement international
agreements in respect of the management and
develoi ment of water resources shared
with neigh
boun”ng
countries, and on regional co-opelation over water resources. The
governance, powers and duties of these bodies are determined by the Minister in
accordance with the relevant international
agreeme
vt,
but they may also be given
additional functions, and they may perform their Junctions outside the Republic.
5
10
15
Z()
25
30
35
40
45
50
110
No
191
W
GOVI
:RNMENT
GAZETTE,
26
AUGUST
1998
Act
No.
36.1998
NATIONAL WATE
<
ACT,
1998
Certain existing international bodies are deemed to
b
e bodies established under this
Act.
Establishment of bodies to implement international agreements
102. The Minister may, in consultation with the Cabinet, by notice in the
Gc7zefte,
establish
a
body to implement any international agreement entered into by the South 5
African Government and a foreign government
relatin,:
to—
(a) investigating, managing, monitoring and pro ecting water resources;
(b)
regional co-operation
cm
water resources:
(c)
acquiring, constructing, altering, operating o” maintaining a waterwork; or
(d)
the allocation, use and supply of water.
I
()
Governance and functions of bodies
103. ( I ) A notice contemplated in section 102 must, with due regard to the relevant
international agreement, give details
of—
(a)
the governance of the body;
(tJ) the functions of the
body;
15
(c)
the financing of the body;
(d)
mechanisms for controlling and supervising he affairs of the body;
(e)
which items of Schedule 4, if any, apply to t
le
body;
(f)
the disestablishment of the body and the
win{
ing-up of the body’s affairs; and
(,?)
any other matter necessary to give effect to
~
le agreement.
20
(2) [f the Minister is satisfied that it
will
not
prejt{dice
the capacity of a body to
perform the functions for which it was established,
!he
Minister may direct a body
established under section
102
to
perform additional functions which
may
include, but
are not limited to, providing water management
institr.
[ions with—
(o)
management services;
25
(b)
tinancial services:
(c)
trzaining;
and
(d)
other support services.
(3)
The body may perform its functions outside the Republic.
Powers of bodies
30
104. A body established under section 102 is a body corporate and has the powers of
a natural person of full capacity, except those powers
vhich—
(c7)
by their nature can attach only to natural
peI$ons;
or
(h)
are excluded by or are inconsistent with this Actor the relevant international
agreement.
35
Bodies must manage different functions as
separat~
units
105. (1)
If given additional functions under section 113(2), a body must manage each
of its functions separately, and must account for them separately.
(2) A body must apply accounting practices con
,istent
with generally accepted
accounting practices.
40
Reports on performance of functions
106. ( I )
Unless the international agreement provides
>tberwise,
a body must report on
the performance of its functions within three months after the end of its financial year.
(2) The report
must-
(a) be accompanied by the body’s audited
finan
:ial
statements for that financial 45
year: and
112
N<,
IL)IX2
(;OVt
RN
MEN’1’
(;/\
Zt-”lT’[;.
26
A(JGUS’r
1998
Act
No.
36,
199(I
N/YlloN,ll.W
Klt;\A
(’T,
1998
(b)
hcsL1bll~itted
t(Jtlle Minister:ind
such
f}therl
~:lrty:is
tnaybercquired
by
the
inlcrn:uion:d
agrecmen(.
(3)
ThcreI>(~r[
l~~tls(
ct~ntain
sLlllicicllt
inl"(~rl~ltlti{~
llt(j[lll(lw
the
Minister
lt)~isscss(lle
pcrkwnl:uwe of’the
body
in respecl
of
all
its functions
ag
tinst
the objectives
set
out
in the
relevant
agrecnwn[.
5
(4)
The Director-General
mus(
send
a
copy
of’
Ihe
report
to
the
Secrc(ary
to
Parliament.
Investi@ion of affairs or financial position of bodiis
107. ( I )
The
Minister
may.
with the
comsetlt
of
the
o her
parties
10
the agreement.
~~r
il
the
agreemen(
so
provides.
appoint
a
person
(()
inlcstigotc
the
aflilirs
or
fitltiil~ii{l
1
()
pt)siti~~n
01
;I
body
and tha( person may
(i~r
this purpose attend any meeting of” the body.
(~)
A
boLly
,l)(ls(, s~lblccl to
sub~e~[i~)n
(1),
on
Iegucst,
pr[)vidc
the Minister’s
uppointce wi(b such
—-
(~1~
i[lii)l-lll:lli( )tlt)rl tlle:ltl`i]irs:itlc! fillilllci:ll p()sil(lfl
()tllleb()tly:
(h)
:icccss
[()ullb()()ks,
:lcc(ltlr)(s, d()cl[[]]el]ts:lll( :lssets
oltllebody::\ild”
(t)
inf’ormali(m nnddiit:~on
w;derrcsourccs.
as may
Iw
required
by
the
Minislcr{)r
the Minister’s
a~pointcc.
(3) The Minister
m;ty
rccx)vcr
f’r~ml
the
b[dy c(mwmcd
(he
rc:lsonilhlc
fees
and
disburscnwnts (lfony
pmwm
~qlpoinlcd
uldcrsulmcli{m
(1).
Is
Transitional provisions relating to existing
lmdies
20
CHAPTER
11
(;
OVERNMEN’l>
WA’IERW
ORKS
This
Chaptergives the Minister the power to estthlish attdoperatego~~erllltlejtt
waterworks in
thepublic
iatere.st
out
(~ffrtltds
allocat ’dby Parliament or-from other
30
,sources.
Examples of such waterworks include wattr storage dams, water transfer
schemes
a)~d,fl{~od
tittejtltati~~lt
works.
The
Minister
nust
satisfy certain procedural
requirements
hefhre
constructing a government
n’ater
vork, including a duty to
obtain
an environmental impact assessment and invite public comment, except
for
emergency, temporary or insignljieant waterwork. Water from a government
35
waterw'{~rk
)naybetllade available
fc}rallt)cati(~~~
t<~
w~terusers
andchargesjxedfor
this water. Witer in a government waterwork
mao
also be made available jor
recreation
alpurposes, subject to control
sdetermined
5ythe Minister andregulations
made by the Minister.
Existijlgg(~v’erJtttlettt
n’aterwo
iksaresubj”ect
to this Chapter.
Acquisition, construction, alteration, repair,
operat
on and control of government 40
waterworks
109. The Minister
may
acquire. construct,
tiller,
rep:li
r,
operate or control government
waterworks in order
to
protect, use, develop, conserve,
manage
and
control the
na[ion’s
w:i(cr
resources in the public interest.
Consultation and environmental impact assessment
45
110. ( I )
Beft]re
constructing
u
watcrwork.
the
Mini:ter
nlust-
(~~)
prcpul-e
tin
envir[mmenl:d
impact
:lssessu
lent
rclati
ng
10
the
proposect
w;~tcrwork
which must, where the Minister
1
wnsiders
it
iippropriote,
comply
with
the
requirements contained in
regulalio
w
made
under’
section
26
of the
I;nvir(mnwnt
C(mscr\:]tion
Act.
1‘)X9
(
Act
N
O.
73
of
1989):
50
114
N(I
[(){8?
(;
OVMINMEN’r
GAZETTE.
26
AUGUST 1998
.Ac’t
N{).
.36,
1998
NATK)NAIJ
wATEK
ACT
]
998
(/))
publish
a
no[ice
in
the
(;[I:e/rfL
( i
)
w[(ing
(mt
k
propt)sal
i{}
construct
(he
wa(erwork;
(ii
)
containing
a
summary of’
the
environmental
impuct
assessment;
and
( iii) inviting
writ(en
comments
to
be
submitted,
specifying
an
address
to
which and
a
date
before
which the comments
are
(o
be submitted, which 5
d~l[~
may
not
be earlier than 60
dtiys
afier publication of the notice;
(1)
consider what
t’urlhcr
steps,
if’ any.
are
uppropriotc
to
bring the contents
of’
the
notice
to
the
attention
of
interested
txrsrms,
and
take
[hose
s[eps
which
[be
k!
inistcr
c(msiclers
to
be
appropriate;
and
(d)
c(msidcr--
( i ) all
cotmnwnts
received on or
before
paragraph(b)
(iii);
and
(ii) the
environmeottil
impact assessment.
(?)
Subsecti[m
( I )
does
001
apply—
(a)
to
a
wa[erwork
which is constructed in emergency
1
()
the date specified in
circumstances;
I
15
(h)
to
a
Iemp(mwy
watcrw~)rk
in operation
for
a
period of’ less
than
five
years;
or’
(()
if’
the
wtiterwork
is
a
minor one.
(3)
Within two
years
aticr the completion
of
any
waterwork
contemplated in
sufwcction
(?)(~(),
the Minister must decide either—
(to
(o
demolish
the
wuterwork;
or
Z()
(b)
at’ter
complying with subsection ( I )
to
the appropriate extent.
to
retain
the
watcrwork.
Financing of government waterworks
111.
The Minister
may
finance the acquisition,
construction, alteration, repair.
opertition
and control of’ government waterworks
from
funds
uppropriatecf
by Parliament
25
or obtained
from
any other source.
Water
from government waterworks
112. ( 1 )
The
Mini~ter
may
muke
wirter
from
a government
waterwork
available
for’
all{~cation
in
acc~mlancc
with Chapter
4.
(’?)
The
Minister
InLIy
[[l
acc~]rcfance
with Chapter 5
Iix
a charge
for
Witer
:lllO~alcd
30
l’rom
a
governmen[
waterwork.
Access to and use of government waterworks for recreational purposes
113. (
I
)
The
water
of’
a
go\’crnnwnt
wotcrwork
and
the
surrxmnding
st~te-ownecf
land
may
be
made
available
for
recreational
purposes.
either generally or
for
a
specific
purpose, on
tlw
conditions and
to
the persons
Lfeter’mi
ned by the Minister.
35
(2)
The
Minister
n]ay-
(t~)
cuntrx)l
or prohibit
ticcess
to
any government
watcrwork;
and
(b)
subject
to
this Act,
nmkc
rcasontibie
charges
tor-
(i)
tlw
use
of’;
(ii)
entry
into;
and
(iii)
the
LISC
of’
any
wuter
surface
or
land
associated with,
tiny
government
wuterwork
for
recreational purposes.
(3) Nothing
dtme
under
this
section exempts any
person
trom
complying
wi[h
other
pi-ovisitms
(~t’
this
Act
and with any
other
applic~hte
law.
(;owmnwnt
watcrwnrks constructed before commencement of Act
I l-t. This
Act
also
applies
to
government waterworks
Cotlsttuc[ed
before
lhe
c(~tl]l]~etlccll]ellt
01 this
Acl.
Disposal of government waterworks
115.
(
I
)
The
Minister
mtiy
trwlsler. sell or otherwise
disp~~se
of’ any governm~n!
walcrworlo
to any
perstm.
40
50
(10
N,]
1{)182
(GOVERNMENT GAZE’ITE,
?6
A(JGIJST
19°X
Ad
No. 36,
1998
NM’IONA1,
WATER
A(’T,
199X
(~)
pJ()
~ovcrl,ln~nl
w~~telwork
ref’erre~
[()
in subsection (
i
)
may
be transferred,
sold
or disposed 01
with(mt
[he
Jpproval
of’
the
nationid
execu{ive,
it its
vtilue
exceeds an
amount specified from
time
to
titne
by the Minister in concurrence with the Minislcr of
F’intince,
(3)
Where
it
government
waterwork
is
disposed
of
or
Wmsferrecl
k)
a
waler
mimtigemcnt
institution,
(he
Minister
of’
Finance may
direct
tba[
no
transfer
duty,
{>[hcr
tax or duty is payable.
Regulations regarding government waterworks
116.
(
1
) The Minister may, with
regard
to
a
government
wtiterwork,
make
regula[i(ms
providing
for-
(a)
the
management of
iin(f
control
over governnwn[ wiit~rworks
tind
surrounding
stale-owned
[and;
(})) the List of” the water of’
a
government waterwork and the surrounding
state-owned
land; and
(c)
chiuges
for—
(i) entrance
to:
(ii)
use
of
f’acifities
at;
ilfld
(iii)
the
privtite
development
of,
a government
waterwork.
(~)
]11
making
the
regulations,
the Minister must take into account all relevant
considerations,
including—
(a)
the safety
and
protection of government waterworks;
(b)
the
need
for
control
of”
the use of government waterworks;
(c)
the
safety
and security of’ persons using government waterworks for
recrefitional
purposes; and
(d)
the cost of protecting and controlling government waterworks and
the
recovery of these costs.
CHAPTER 12
SAFETY
OF DAMS
This Chapter contains measures aimed
at improving the safety
of
new and existing
datns
with
a safety risk so as to reduce the potential for harm to the public, damage
to
property or to resource quality. 10 reduce the risk of a dam failure, control measures
require an owner
to
comply with certain directives and regulations, such as
to
submit
a report on the safety of a dam, to repair
or alter a dam, or to appoint an approved
professional
persou to undertake these tasks. These measures are in addition to the
owners’
comtnon
law responsibility to ensure the
s~fety
of their dams.
An
approved
professional person has a statutory duty of care towards the State and the general
public and must
fuljil, amongst other things, dejined responsibilities when acting
under this Chapter.
Not
all datns are subject to regulation under this Chapter, and the
Minister may exempt certain persons from its requirements. Only dams of a dejiued
size, dams which have been declared to be dams with a safety risk, or dams falling into
a prescribed category are affected. All dams with a safety risk must be registered.
Compliance with any directive or regulation under this Chapter does not exempt an
owner from complying with any other provision of this Act, such as the requirement
for a
licence or other authorisation for water use in respect of the dam.
Definitions
117. In this Chapter—
(u)
“approved professional person”
tneans
a person registered in terms of the
Engineering Profession of South Africa Act, 1990 (Act
No.
114
of
1990).
and
approved by the Minister after consultation with the Engineering Council of
South
Africa
(established by section 2 of that Act);
(/))
“dam” includes any existing or proposed structure which is capable of
containing,
storing or impounding
wdtcr
(including temporary impoundment
or
s(ol-age
),
wfwther
that water contains any substance or not;
5
I ()
15
30
35
-lo
45
50
11s
N,)
l~)l~?
(;
OVtSRNMENT
GAZETTE,
26
AUGUST
1998
.\tl
N().
36.
199tt
NA’rloNAL
WATER ACT.
1998
((’J
“dam
w
itb
a
stitety
risk”
nwans
any
dwn-
(
i )
which
can
contain, store
or
dam
more than 50 ()()() cubic
metres
of’
water,
whc[hcr
that waler
conttiins
any
substance or
not,
and
which has
a
wall
of’
a
t
crtical
height of more than
tive
metres,
measured
us
[he
vertical
di
fikrencc
between
the
lowest
downstream ground elevation on
[he
[m[sicfe
of
{he
daITI
wall and the
non-overspill
crest
level
or
the
gener-d
lop
[CVCI
of”
the
dwn
Wid];
(ii
)
belonging
to
a
ctitegory
of’
dilms
declared
under
section I I
8(2)
to
be
dwns
w
itb
d
safety
risk; or
(iii )
dcctarcd
under
section
I
I
8(3)(o)
to
be
J
~wn
with
J
saf’et~
risk;
(1/) “owner of a dam”
or
“owner
of’
a
dam
with
a
sid’ety
risk”
inclLldes
the person
in control 01
thtit
dam; and
((’)
“t:lsk” includes
a
task
relating to designing, constructing. altering, repairing,
impounditlg
water in,
operating, evaluating the
safety
of,
maintaining,
monitoring or
ahimdoning
a
clam
with
a
saf’cty
risk.
Control measures
for
dam with safety risk
118.
( 1 ) The owner of’
a
dwn
must-
([1)
within
the
period
specified, provide the Minister with
tiny
information,
dmwirrgs,
specifications, design assumptions,
calcultitions,
documents
and
test
results requested by
the
Minister; or
(I))
give any
person
authorised by the Minister
access
to that dam, to enable the
Minister to determine
whether—
(i) that darn is
a
clam
with
a
safety risk;
(ii)
tlmt
darn
should
be
decltired
to be
a
dam
with
a
safety risk;
(iii)
a
directive should be
issLled
for
specifrc
repairs or alterations to that
dam;
or
(iv)
the
owner’
has
complied with
tiny
provisiotls
of this Act
tipplicable
to
th~t
darn.
(~)
Th
e
Mlr]ls[er
m~y
by
nof]ce
in
[he
~u:~ff~
&cl~r~
~
Cfltegory
of
dtiuIs
to
be
da[ll>
with
a
safety
risk.
(3) The Minister
may-
(u)
by
writ(en
notice
to the owner of
a
dam, declare that
dam
to
be
a
dam with
u
safety risk;
(b)
direcl
the owner of’
a
darn
with
a
safety risk
to
submit,
at
the owner’s cost, and
within
a
period specified by the Minister, a report by an
tipproved
prot’essionai
person regarding the
safety
of that dam; or
(c)
direct the owner of
a
dam
with
a
safety risk to undertake, at the owner’s cost,
and within a period specified by the Minister, any specific repairs or
alterations [o
that
darn which are necessary to protect the public, property or
the resource quality from
a
risk of failure of the
dwm.
(4) lf the owner of
the
dam
fails
to comply with the directive contemplated in
subsection
(3)(t’)
within the period specified,
[he
Minister may
under[tihe
the
rcptiirs
or
:dtertit
ions
turd
recover
lhe
costs
trom
the
owner.
(5) Before issuing
u
directive, the Minister
must-
(a) be satisfied [hat the
reptiirs
or alterations directed are necessary, adequate,
etfective
and
appropriate to reduce
the
risk to
an
acceptable
level;
and
(h)
consider the impact on public safety, property, the resource quality
and
soci{)-cc(~]]otl]ic”
aspects if the
dam
ti~ils.
Responsibilities of
approved
professional persons
119.
(
1
) When carrying
(mt
J
task in terms
of
this
Chupter,
an approved
prot’essiomd
pcrs<)n
tilso
has
a
duIy
of”
care
towards the
State
and
the
general public.
5
I ()
15
20
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30
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45
50
12(1
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191S2
GOVERNMENT GAZETTE.
26
AUG[JST
1998
Act
No.
36,
1998
N/WIONA[.
WATER ACT. 1998
(2) An
approved
prt)lcssional
person appointed to
curry
out a
Iask
on a dam
must—
((~)
tnsure
thut
the
iask
is carried out according to acceptable dam engineering
prwlices;
(b)
keep
the
prescribed
records;
(t)
compile
the
prescribed reports; and
{d)
where
the
task includes constructing, altering or repairing a dam, issue a
completion certificate to
the
owner of’ the
dwn
to
the
efl’ect
that the task on that
darn has been carried out according
to
the applicable design,
drawings
and
specificati(ms.
(3) An approved professional person appointed to carry out a dam safety
evalutition
nlust-
([~)
consider whether the safety norms pertaining to the design, construction.
monitoring, operation, performance and maintenance of’ the dam satisfy
acceptable
dam
engineering practices; and
(b)
compile a report on the matters contemplated in paragraph (a) according to the
prescribed requirements
tind
submit the signed and
dated
report to the owner
of
the
dam
within
the
prescribed period.
Registration of dam with
safety
risk
120.
( I ) The owner
of’
u
dam with
u
safety risk must register that dam.
(~)
An
application
for
registration
must
be
made
within 120
days—
(u)
ufter
the date on which the dam with
a
safety risk becomes
cupable
of’
containing, storing or impounding water;
(b)
after the
date
on which
an
already completed
dwn
is declared to be a dam with
a
safety risk; or
(c)
after publication of’
a
notice declaring a category of’ dams to be dams with a
safety risk,
as
the case may be.
(3) A successor-in-title to
an
owner of a dam with a safety risk must promptly inform
the
Director-Geneml
of the succession, for the substitution of’ the name of the owner.
Factors to
be considered in declaring dam or category of dams with safety risk
121.
In declaring
a
category of dams or a
dom
to be a category of dams or a dam with
a
safety
risk, the Minister must consider—
(u) the need to protect the public, property and the resource quality
aguinst
the
potential
hazard
posed by the dam or category of
dwns;
(b)
the extent of’ potential loss or harm involved;
({)
the cost of any prescribed measures and whether they are reasonably
achievable;
(d)
the socioeconomic impact if such a
dun]
fi~ils;
and
(e)
in the
case
of’ a particular dam, also—
(i) the manner in which that
dam
is designed, constructed, altered, repaired,
operated, inspected, maintained or
abtindoned;
(ii) the person by whom that
dam
is designed, constructed, altered, repaired,
operated, inspected, maintained or abandoned; and
(iii) the manner in which the water is contained, stored or impounded in
tha[
dam.
Exemptions
122. ( 1 )
The Minister may exempt owners of dams belonging to certain categories,
by
notice in the (l~:elte, from compliance with
any
provision of this Chapter or any
regLllation
made
under this Chapter, on conditions determined by the Minister.
(2)
The Minister may in writing exempt an owner of a dam belonging to a certain
category
from
co[npliwwe
with
any
provision of this Chapter on conditions determined
by
the
Minister.
5
1 ()
15
20
25
30
35
40
45
50
I
2?
N(),
10
I
X2
GOVE
tNMENT
GAZETTE.
26
AUGUST
1998
Ac!
N().
M.
lWll
NATIONAL
WATER
ACT.
1998
(3)
The Minister may withdraw
(be
exemplion
or imp
~se
further or new conditions in
respect
of”
the
exempti(m,
(4)
Bet’urc
deciding
un
an
exemptiun.
the Minister n
ust
consider—
(a)
[he
degree
ut’
risk or potcntiul risk
pod
by t
)e
dam or category of’ dalns 10
public
satkty,
pruperty
and the
resource
quality:
(/))
the manner
(~t’
design,
cunstructiun.
altcratiun
repair, impoundment of water
in, operation
or
abandonment
of
the darn
ur
c
ltegory
of
dams;
(() the supervision
invulved
in the
dam
or
ca(egcry
of’
darns;
(d)
alternative measures
pruposed
fur
regulating the design. construction,
alteration, repair, operation. maintenance.
ilm~
uundment
of’ water in,
inspcc-
tiun
or
abandunrnent
of’ the darn
ur
categury
o darns and the effectiveness
ut’
these measures;
(e) the knowledge
and
expertise ofthe
persuns
in~
.>lved
in any task relating
tu
the
dam or
cfitegory
of’
darns:
(f)
the
costs
relating
tu
the darn or
categury
of
d;
ms;
(s) any security provided
ur
intended
tu
be
provid
:d
fur any damage which could
be caused by the dam or category of’ dams: ar d
(h)
whether the dam
ur
cti{egory
of dams are
perrn
tted in terms
ut’
a
licence
ur
any
other
authuriwrtion
issued by or under any
otl
er Act.
Regulations regarding
dam
safety
123. ( I ) The Minister may make
regulations-
fur
the establishment
ut’
u
register
of appr
)VCU
prof’essiumd
persuns
fur
dealing with
datns
with a safety
risk—
(i)
pruvicting
for-
((~d)
dif~erent
classes
of
appruved
profes
;iunal
persons;
(M)
the
tasks or
categury
uf
tasks
which
eoch
class of
apprt)vcd
pr(]fessiunal
persuns
may
perfurrn;
Ind
([()
the
cumtitions
under
which
each
(
lass of approved professional
persons
nmy
pert’orm
tiny
task
or
c:
tegory
of’ tasks;
(ii) concerning the requirements for
odmissi m to etch class;
(iii) setting
uut,
in respect of
eirch
class.
the
i
mcedure
for-
(CW)
approval;
(bb)
withdrirwal
ut’
an approval;
and
(cc)
suspension uf an
appruvai;
and
(iv) providing for
a
processing fee
fur
an
ap[
mval;
(/))
regulating the approval of
a
person as an app
ovcd
professional person for a
specific
task-
(i) setting out the procedure for approval;
(ii) setting out the procedure for canceling
i n approval;
(iii) requiring that the approved
persun
be
:
ssisted
in the task by another
person or a group of persons with
specitil
experience and qualifications:
and
(iv) providing for a processing fee for an
ap~
roval;
(c)
in respect of dams with a safety
risk—
(i) classifying such dams into categories;
(ii) requiring the owner of a dam of a
S[
ecific
category to
appuint
an
approved professional person
to—
((M)
design
that darn or any repair, alterat
on
or
abtindomnent
of
the
(iam:
(M) ensure that
a
tusk
is
carried
uut
WC{
ding
tu
the applicable design,
drawings and specifications: and
((’c)
carry out darn
safety
evtiluations
(m
the dam;
(iii) requiring that
Iicences
be
issued by the
k
‘inister
befur-e
any task relating
tu
a specific
categury
uf
doms
may
cx
mmence. and the conditions,
requirements and
prucwdure
tu
obtain
an
~
specitic
Iicence;
(iv)
laying down
Iicence
conditions and requi
‘ernents
that must be met when
czrrying
out a task
un
a specific
categor:
of’
dams;
5
1 ()
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35
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55
Act
No.
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1998
NATIONA[.
WATE
: ACT.
1998
(v)
(vi)
(vii)
requiring
an
approved professional per
ion,
appointed for
a
dam of a
specific
ca[egory,
to
keep
records
0(’
inl
ormation and
dmwings,
and
to
compile reports;
rcquirin-
(aa)
an
owner of a dam belonging to a
:
pecific
category of dams; and
(hb)
an
approved professional person q-pointed for
a
specific
task
for
a
specific alum.
to submit information, drawings. report:
and
manuals:
determining the duties
(>f—
(act)
an
owier
of a dam belonging to a
:
pecitic
category of darns: and
(bb)
an
approved professional person
ar
poi
nted
for a specific task for a
speciiic
dam:
(d) requiring the owner
of a dam with
u
sac
:ty
risk
to
accomplish regular
monitoring
of the
clam.
to the extent
and
mar ner prescribed:
(e) requiring the registration
of’
a specific dam w
th
u
safety risk, and setting
out
the procedure
find
the processing fee
payttble
for registration: and
(f)
specifying time periods that must be
c(nnplie
J with.
(2) In making regulations under subsection ( I
)(a).
t
le
Minister must
consider—
(a)
the expertise required
ror
the etfective
design
construction, alteration. repair.
operation, maintenance and abandonment 01’
a
dam
in the category concerned;
and
(h)
the qualifications and experience needed t
~
pro\’ide
the expertise
for’
a
particular category
01
Iusks.
(3) Belbre making
regulati(ms
under subsection ( I ), the Minister must consult the
Engineering Council
of
South
Alrica, established
by
section 2 of the Engineering
Profession of South Africa Act,
1990
(Act No.
114
of
I
W()),
and any other appropriate
statutory professional bodies,
CHAPTER 13
ACCESS
‘1{)
ANI) RIGHTS OVER LAND
Part 1: Entry and
in.vpectj
on
Part I of this Chapter allows authorised persons to
~
nter and inspect property
fbr
a
number
of
parposes associated with implementing
t)
is Act. The rights of property
owners are protected in that only authorised persons
K
tay
enter and inspect property;
authorised persons must carry a
certljicate of authorisation and must produce that
certificate on request; in certain circumstances notice of entry must be given and the
consent of the person owning or occupying the
proj
)erty
must be obtained before
entry; and in certain circumstances a warrant must b
?
obtained prior to entry.
Appointment of authorised persons
124. ( I )
The Minister or a water management institut on may, in writing, appoint any
suitable person as an authorised person to perform the
tinctions
contemplated in section
125( l), (2)
and
(3).
(2)
An tiuthorised person must be provided with a cert ticate of appointment signed
by
or on behalf of the Minister or a water management
insti
.ution
in which the
natLlre
of the
authorised person’s functions is described.
Powers and duties of authorised persons
,
125. ( I ) An authorised person may. at any
reasonabl’ time and without prior notice,
enter or cross a property with the necessary persons, veh cles, equipment and material in
order to carry out routine inspections of the use of
watl:r
under any
authoris:ltion.
5
I ()
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30
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40
45
I
26 N{).
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GOVI
;RNMENT
GAZETTE,
26
AUGLJST
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Act No.
36,
1998
NATIONAL WATE
-?
ACT,
1998
(2) An authorised person
]nay
enter
a
property with the necessary persons, vehicles,
equipment and
material-
([/)
after giving reasonable notice
to
the owner
or
occupier of the property, which
notice
mList
state the purpose of the
proposetl
entry; and
(b)
after obtaining the consent of the owner or o :cupier of that property.
in
(mlcr
t+-
(i)
(ii)
(iii)
(iv)
(v)
(vi)
clean, repair, maintain, remove
or
demoli:h any government
waterwork
operated by any water management
instituti(
n;
undertake any work necessary for cleaning,
clearing.
stabilizing and repairing
the water resource and protecting the
resour[
e quality;
establish the suitability of any water
resol
[rce
or site for constructing a
waterwork;
undertake any work necessary
to
comply
with
an obligation imposed on any
person under this Act, where that person has failed to
fultil
that obligation;
erect any structure and to install and operate any equipment on a temporary
basis for monitoring and gathering
intormati
m
on
water resources; or
bring
hetrvy
equipment on to a property or
OC(
upy a property for any
Ien.gtb
of
time.
(3) An authorised person may, at any reasonable
timl
and without prior notice, on the
authority of a
warrznt,
enter
a
property with the
necess:
ry persons, vehicles, equipment
and
material, and perform any action necessary
to-
(a)
investigate
\vhether
this Act. any condition
:
ttached
to any authorised water
use by or under this Act or any notice or
dirt
ctive
is being contravened;
(b)
investigate whether any information
supplie
~
in connection with the use of
water is accurate; or
([) carry out any of the activities referred
to
in subsection (2) where the consent
of the owner or occupier of that property
ha!
been withheld.
(4) A warrant referred to in subsection
(3)
must be i
;sued
by a judge or a
magistrate
who
hasjurisdiction
in the area where the property in
ql
estion is situated. and must only
be issued if it appears from information obtained on
o
.th
that—
(a) there are reasonable grounds for
believin:.
that this Act, any condition
attached
to
any authorised water use by
or
Jnder
this Act or any notice or
directive, is being contravened:
(b)
there are reasonable grounds for believing
t’lat
any information supplied in
connection with the use of water is
inaccural
e;
or
(c)
it is necessary to carry out an activity mentio
led
in subsection (2)
and
access
to that property has been denied.
(5) If a warrant is likely
to
be issued if applied for
bu[
the delay involved in obtaining
a
warrant is likely
to
defeat the object of an inspection in terms of subsection
(3)(a)
or
(b),
‘an
authorised person may enter a property
withoul
a warrant.
(6) An authorised person entering property in
terl
m of this section must, at the
request of any person on that property, identify
hiloself or herself and present a
certificate of appointment contemplated in section 124 2).
(7) Notwithstanding any provision of this section an authorised person may not,
under any circumstances, enter a dwelling without the clmsent of the occupier or without
a warrant authorizing entry.
Part 2: Servitudes
Part 2 deals with servitudes. A servitude is a right
i
hat a person has over property
belonging
to
another person. This Part allows a
perso~
~
who is authorised to use water
under the Act
to
claim a servitude over another
perso,
1‘s
land
w’here
this is necessary
to
make that water use effective. For
exatnple
it might be necessary to lead water over
another person’s land to take it from the source to th
?
authon”sed
water user’s land,
5
IO
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Act No.
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NATIONAI.
WATER
ACT,
1998
and a servitude would
be
necessary to do this. A
servitudz
cannot be claimed unless the
claimant is authorised to
u,se
water, and if the
authorisa
ion is withdrawn or otherwise
terminated, the servitude will lapse. Servitudes are
acqu
red by agreement between the
authorised water user and the relevant land owner, either according to existing
procedures laid down in the Deeds Registries Actor by way of an agreement which is 5
made an order of court. Procedural
detail.~
regarding
th
:
acquisition of servitudes and
their registration are not set out in this Part but are contained in Schedule 2.
Definitions
126. In this Chapter—
(0)
“servitude
oJabutmen[”
means the right to
mx
upy, by means of a waterwork,
I
()
the
bed
or
banks of
a
stream or adjacent land
~elonging
to another;
(/?)
“servitude of aqueduct” means
the
righ[
to
OC(
upy land belonging
to
another
by means of
a
waterwork
for abstracting or
Ie
lding
water; and
(c)
“servitude of submersion”
means the right to occupy land belonging to
another by submerging it under water.
Is
Acquisition of servitudes
127. ( 1 ) A person who is
aulhorised
under this Act to use water
may-
(a) claim
a
servitude of-
(i) abutment;
(ii) aqueduct: or
20
(iii) submersion; or
(b)
obtain an amendment to any existing
servit
de
of abutment,
aqoedL[ct
or
submersion,
to the extent that this is necessary
to
give
effect
to that
imthorisatiorr.
(2) The servitude claimed under subsection ( I
)(a)
may
be—
(a}
a personal servitude in
ftivour
of
the
cl~imant
or
(b)
a
praedial
servitude in
favour
of the
claiman
in the claimants capacity as
25
owner of property on which
(3)
A servitude under (his Chapter
waterwork.
(4) A person who intends to claim
procedure set out in Schedule 2.
the claimant may use the water.
may also be
claimed in respect of an existing
30
a
servitude uncle
r
this section must follow the
Rights and duties of servitude holders and landowners
128. ( 1 )
A holder of a servitude contemplated in this C
lapter
has a reasonable right of
access to the land which is subject to the servitude fcr the purpose of constructing,
35
altering, replacing, inspecting, maintaining,
repairing or operating the relevant
waterwork, or for any other purpose necessary for
tt e effective enjoyment of that
servitude.
(2) The holder of a servitude contemplated in this Chapter may, in a reasonable
manner and subject to any other applicable
law—
40
(a)
(b)
(c)
(d)
take from the land subject to the servitud:, any material
or
substance
reasonably required for constructing,
alteril
Ig,
replacing. maintaining or
repairing any waterwork or part of a water work in respect of which the
servitude has been acquired;
remove and use vegetation or any other
obsta(
le
which is on the land subject 45
to the servitude and which is detrimental to
tt
e reasonable enjoyment of the
servitude;
deposit on the land subject to the
servitu(
Ie
any material or substance
excavated or removed from the waterwork in the reasonable exercise of the
servitude;
50
occupy, during the period of construction of
thf
waterwork in respect of which
the servitude has been acquired, as much of d
e
land subject to the servitude
as may reasonably be required
for—
(i) constructing camps or roads;
(ii) constructing houses, reservoirs or other
t
uildings
or structures; or
55
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AUGUST 1998
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No.
.36,
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NATIONAL WATER ACT.
1998
5
(iii) installing
Imachinery
or
equipment,
necessary
for
the construction of the
waterwork;
(e)
occupy, for
the
duration of the servitude, as much of the land subject
to
the
ser\itude
as
is reasonably required
for—
(i) accommodating people;
(ii) workshops: or
(iii)
storage
purpt)ses.
to
the
extent
[hat
lhis
is
necessary for
the
control.
operti(ion
and
maintenance
of
ihc
relevant
waterwork.
(3) A
holder
of
u
servitude
contcmpkrted
in this Chapter must, when requested in I ()
Writing
by
the
owner of
(he
land subject to the servitude,
at
the
holder’s
cost-
(a)
maintain
the
servitude
areu;
(b)
repair
anLI
maintain waterworks relating to the servitude;
and
(()
repair
and
nurintain
access
roads
irssociatccl
with the servitude.
(4) If
the
holder of
a
Servitude
fails to carry out
the
requested work, the owner of
the
15
land
may
arrange
for
the
necessary work to be done
and
may
recover any reasontible cost
incurred from
the
servitude holder.
(5)
C)n
termination of a
scrvittrdc,
the
holder of the servitude must rehabilitate
the
land subject
{()
the
servitude to the
extent
that this is reasonably possible.
Procedure
for
acquisition and amendment of servitudes
129. (
I ) A servitude
con[etnplated
in
(his
Chapter
inuy
be acquired
or
w
amendment
t)r
cancellation of
a
wrvituclc
(~btaincd
by—
(a)
executing
and
registering
an
applicable deed in terms of the Deeds Registries
Act,
1937
(Act No
47
ot’
1937);
or
(b)
by means of
an
order
of
a
High Court.
(2)
A person claiming
a
servitude or
an
amendment of a servitude under this Chapter
nmy,
on
rcitsontibie
notice
to
the
kmdowner-
(a) enter;
(/J) make
wry
investigation; and
(L)
undertake
tiny
opemtion,
30
on the land which will be subject to the servitude, where this is reasonable in the
circumstances
and
necessary
for
determining the nature
and
extent of
the
servitude and
for
complying with item
3
ot’
Schedule
2.
(3)
A person
~cting
under
subsection
(2)
must-
(~1)
caLIse
as
little
dwnage
as
possible to the
Iund;
and
(b)
where
any
damage
is ctiLIsed—
(i) repair the
damage where possible; or
(ii)
pay compensation to the landowner in an agreed amount or an amount
determined by
a
competent
coLlrt.
(4)
An owner of the land against which a servitude contemplated in this
Chtiptcr
is
40
claimed. may
claim
to share in the use of
tiny
proposed
watcrwork
relating to the
servitude
if—
(~{)
the owner of the land is
tiuthoriscci
to
usc
wutcr
from a specific water resource;
(b)
the
usc
()(’
the
waterwork
is compatible with the
tiuthor-ised
water use; and
(c)
the owner
of
the
land
agrees
to
be
responsible for-a proportionate
shure
of’
[he
45
cost of’
cons{
ructin,g.
repairing
and
maintaining the
watcrwor-k.
(5) A
claim
to shart in
the
use of
a
waterwork
under subsection
(4)
must
be
dealt
wit b-
([1)
in tbe agreement between the parties: or
(b)
in
u
High
C~mrt
order
contemplated in section 130.
Powers
of High Court in respect of
claim
for servitude
35
50
130. on hearing a claim for
u
servitude or for an amendment to a servitude in terms
of this Chapter, a High Court
mtiy
-
([[)
award
the
cltiim
with or without modifications, on such terms as it considers
just:
55
I
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Ivlx? {;
OV1:RNMENT
GAZETTE,
26
AUGUST 1998
/icl ho. 36,
199tt
NATIONAL WATER
ACT,
1998
(l))
divard
ct)mpensali[m
or
refuse
to
award
compenwlion;
(t) determine
wbcther
a
proportionate amount
of”compcnsation
should
be
paid
[{)
the
holder
of”
a
right of’
lease,
mortgage,
usulruct
or similar’ light over
the
pr(y)crty,
and
order
tbtit
such
compensation
be
paid; or
(d)
dismi~s
[be
claim.
Compensation payable for- granting of servitudes
131. ( 1 )
In
determining just
and
equitable compensation
a
High
Court
must
take
into
accxmnt
till
relevant
t’actors
including, in addition to the
matters
contemplated in section
25
of [he C~nstitution_
((1)
(h)
(1’)
(d)
(t’)
(./)
(s)
(}/)
(i)
(~)
A
the nature of’
the
servitude or amendment, including the
nuture
and
function of
the
waterwork
relating to the servitude or amendment;
whether any existing
waterwork
will be used
to
give
elfect
to
the servitude;
(he
probable
durotion
of the servitude;
the extent
of the deprivation of use of the
land
likely to be
suflered
as
a
result
of the servitude or amendment;
the
rental
value of’ the
IA
atlected by the servitude or amendment;
the
nature
and
extent of the
actual
inconvenience or loss likely to be
sutl’ered
as
a
result of the exercise of’
the
rights
under
[he
servitude or amendment;
the extent to which
the
kmd
can
reasonably be rehabilitated on termination of’
the servitude;
any
advantage
tbot
the landowner, or other person with
u
compensatahle
interest in the land subject to the servitude, is likely to derive
as
a
result
of the
servitude or
wnenchnent;
and
the public interest
served
by
the
waterwork
relating to the servitude or
trmendment.
High Court may determine the time
and
manner of payment of’ the
compensation.
Noting of servitude and amendment by endorsement
a~ainst
title deed
132. ( I )
The
acquisition. amendment or cancellation of a servitude by virtue of
an
order
of the High Court
ttikes
effec[
when the order is
noted
in terms of
the
Deeds
Registries Act, 1937, (Act No.
47
of
1937).
(2)
Nothing in this section prevents
a
person
Iron]
electing to register
[he
acquisition,
amendment or
ctincelltition
of’
u
servitude in accordance with the
Deeds
Registries
Ac[,
1937
(Act No. 4701 1937).
Cancellation of servitude
133. An owner of
land
subject to
u
servitude of
abu[ment.
aqueduct or
subnwrsit)n
may-
(t~)
it
the
relevant
twthorisatioo
associated with the servitude
is
terminated:
(b)
if
the
rights and obligations in respect of’
[be
servitude
hiivc
not
been
exercised
on the
[and
subject
to
the
servitude
for
:1
continuous
period
of
three
years:
(w
(()
Ior
wly
other
l:lwfLIl
rewon,
:Ipply to
a
High Court
(or
the
canceiltition
of’
that
servitude.
Joint water-work involving servitude
134.
Subject
to
CIulpter
4.
two or
more
persons
who
we
nuthorised
to
USC
water
nlily
agree
to-
({1)
cxmstrucl
a
joint
waterwork;
iind
(b)
create
:i
wrvitudc associated with
that
waterwork,
~
[~)
give
eil’cct
to
tbcir
aLlth(miscd
wfiter
use.
5
1
()
15
20
15
30
35
40
4s
I
{4
!s(,,
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(;
OVERNMEN’r
(;
AZETTE,
26
AtJG[JST
1998
.ACI
No.
36,
IY98
NATIONAL WATER ACT,
)
998
Part 3: Waterworks and personal servitudes
Part 3
deals with ownership and restoration relating to waterworks placed on the
land of another, and creates an exception to the general common law rule that
per.sotzal
servitudes are not transferable from the holder to another person. It allows
transfers of personal servitudes that are held by the State and water management
institutions.
Ownership of waterworks on land belonging to another
135. ( I ) A water management institution (including the
State)—
(a) retains ownership of a waterwork placed in good faith on land belonging
to
another;
(b)
may remove such a waterwork from the land; and
(c)
may
tmnsfer
the rights held in respect of improvement on such land to another
person or authority.
(2) When a waterwork is removed under subsection (I
)(b),
the owner of the
property—
(a) may require the Minister or the water management institution concerned to
restore, as far as possible, any physical damage
to
the land caused by the
removal; and
(b)
has no other claim against the Minister
or’
the water management institution
concerned.
(3)
The rights of the State
or’
a water management institution in respect of improve-
ments on property
not
owned
hy
the State or the institution may be transferred to another
person or authority.
Transfer of personal servitudes
136. ( 1 ) Despite any law to the contrary, a personal servitude, whether registered or
not, held by the Minister or a water management institution may be
transferred—
(u)
from the Minister to
a
water management institution; or
(b)
from
a water management institution to the Minister or to another
wuter
management institution.
(2) The relevant Registrar
of Deeds must register a notarially executed deed of
cession to transfer a registered personal servitude in
terms
of subsection ( 1 ).
CHAPTER 14
MONITORING, ASSESSMENT AND INFORMATION
Monitoring, recording, assessing and disseminating information on water re-
sources is critically important for achieving the objects of the Act. Part 1 of this
Chapter places a duty on the Minister, as soon as it is practicable to do
so,
to establish
national monitoring systems. The purpose of the systems will be to facilitate the
continued and
co-ordinated monitoring of various aspects of water resources by
collecting relevant information and data, through established procedures and
rnechanistns,
from a variety of sources including organs of state, water management
institutions and water users.
Part 1: National monitoring systems
Establishment of national monitoring systems
137. ( I )
The Minister must establish national monitoring systems on water resources
as
soon
os
reasonably practicable.
(2)
The systems must provide for the collection of appropriate
data
and information
necessary to assess, among other
matters—
((~)
the quantity of water in the various water
resoLlrces:
(b)
the quality of water resources;
(c)
the
use
of water resources;
(d)
the rehabilitation of water resources;
5
‘)5
30
35
40
45
50
I
30
N,).
l~)lx’1
(;ov
EKNM[iNI’
GAzFITl:,
26
A(JG(Js’I
19’)8
Ad
N().
.M,
1998
N/KTloNAl.W
ATI!R/\(’T,
1998
(c)
ctll}llJli;ltlce
witllresLJurce
ql[:ili[y
(]hjcctives;
(/)
lllcllcttlll]
(Ji’iiqll:ltic
ectJsystcllls:
:~lld
(,q)
uttl~osl}llericc
t)llditic)llsw
llich
ll~tiyi[lflucilce
water
resol]rces.
Establishment
of’
mechanisms to co-ordinate monitoring of water resources
138.
The
Minister
mtts[,
titter
consulltilion
wi[h
relevant-
((/)
organs
ol’s(il(e;
(l))
w:l[crillan:igelllenl
institotims; and
({)
cxislillg:lt~d
ll(~tc[](iill
usersol’water,
est:d>lish
mcchiulisn~>
d
procedures
to
co-ordinate
lhe
lmoni
toring
of’
wutcr
resources.
Part 2: National
inforntati
onsystemson
water-resources
Part 2 requires the Minister, as soon as it impracticable to do
so,
to establish
national information systems, each covering a different aspect
of
water resources,
such asa
nationa lregisterof water use authorisations,
a-an
information
systetn
on
thequantity andquality
ofall
water resources. The Minister mayreqaire anyperson
to provide the Department with information prescribed by the Minister in regulations.
In addition to its use by the Department and water management institutions, and
subject to any limitations imposed by law, information in the national systems should
be
generaIly
accessible
for
use by water users and the general public.
Establishment of national information systems
139. ( 1 )
The
Minis{er
Inus(, m soon” as reasonably practicable, establish
nati(mal
inl’(mnotion
systems
I-egwding
wutcr
resoLlrces.
(2)
The information systems may include,
among
others-
(~{)
a
hychwlogic:d
inf’orrnittion
system;
(b)
a
water
resource
quulily
infornuttion
system;
(c)
a
groundwtiter
informtition
system;
and
(d)
a
register
O{
w~ter
use authorisations.
Objectives of national information systems
140. The objectives
of
ntitionol
information systems
are-
to
store
itml
provide
data
and
inlormalioo
Ior
the
prt)tec[ioo,
sustainable use
and
mtinagernent
of water resources;
to
provide information
for
the development
:md
implementation
of
the
naiiomtl
water resource strategy;
and
to
provide information
to
wmer
mitmtgemcnt
institLitions,
water
users
and
the
public—
(i)
Ior
research
oocl
development;
(ii)
lor
planning
and
environment
impact
assessments;
(iii)
Ior
public
safety
ml
Llisuster
maoagemcnt;
and
(iv)
on
the
stalus
of
w~tcr
resources.
Provision of information
141.
The
Minister
may
require
in writing
that
imy
person must, within
Li
reusonahle
gi\cll
[Ime
~>r
011
~
r~gl[l:lr
b;l~is,
provide
the
Dq):lr-tmcnt
with
JOy
dtita,
inlbr’mation,
docuincnts,
swnp]cs
(w
mi)teriais
reasonably required
for-
(~~)
the purposes
t)t’
tiny
na(ional
monitoring network
(w
national
information
system;
or
(b)
the
mimilgcmcnt
wld
protection
01
w:itcr
resources.
Access to
int’ormation
142.
lnf(mmitit~n
cont:tincd
in any
national
inkmna~ion
system established in
terms
OJ
5
I
()
Is
20
30
35
40
45
]
lx
N().
101X2
(;OV[
RNMEN1-l’
(;
AZFTTE,
26
A[~G[~ST
19{)8
Act N().
36,
1998
NATIONAL
W’AIE
[
A[”T.
199X
this
Chapter
mLlst
be
made available by the Minister,
su
)ject
to
any limitations imposed
by law. and
the
payment
of
a reasonable charge
deterrr
ined
by
the Minister.
Regulations for monitoring, assessment and inform:
kion
143. The Minister may make regulations prescribing —
((t)
guidelines, procedures, standards and methots
for
monitoring; and
(h)
the nature, type, time period and format of
dat:[
to be submitted in terms
of
this
Chapter,
Part 3: Information on bloodlines,
jloo,
Is and droughts
Part 3 requires certain information relating to
j700Ls,
droughts and potential risks
to be made available to the public. Township layout
vlans
must indicate a spectjic
floodline. Water management institutions must use tie most appropriate means to
inform the public about anticipated
jloods, droughts
t
r risks posed by water quality,
the failure of any dam or any other waterworks or
my
other related matter. The
Minister may establish
ear[y
warning systems to anticipate such events.
Bloodlines on plans for establishment of townships
144. For the purposes
of ensuring that al I persons wh] might be
afrected
have access
to information regarding potential
flood
hazards, no
pi
rson
may establish a township
unless the layout plan
shows,
in a form acceptable
to
the local authority concerned, lines
indicating the maximum level likely to be reached by
loodwaters
on average once in
every I ()() years.
Duty to make information available to public
14S. ( I )
A water management institution must,
at
its
(
wn expense. make information
at its disposal available to the public in an appropriate
nanner,
in respect
of—
([i)
a flood which has occurred m which is likely to occur;
(h)
a drought which has occurred or which is
Iikl
Iy
to occur;
(c)
a waterwork which might fail or has failed,
if
the failure might endanger life
or property;
(d)
any risk posed by any dam;
(e)
levels likely to be reached by floodwaters fro n time to time;
(~)
any
risk posed by the quality of any water to life, health or property: and
(g)
any matter connected with water or water reso
mces,
which the public needs to
know.
(2) The Minister may, where reasonably practicab e,
esttiblish
an early warning
system in relation to the events contemplated in subset ion (
I).
CHAPTER 15
APPEALS AND DISPUTE
RIM( )LUTION
This Chapter establishes the Water Tribunal to
hear
appeals against certain
decisions made by a responsible authority,
catchment management agency or water
management institution under this Act. The Tribunal
~s
an independent body, whose
members are appointed through an independent
sele,
“tion
process, and which may
conduct hearings throughout the Republic. A person may
appeal to a High Court
against a decision of the Tribunal on a question of
Iau’.
This Chapter also provides for
disputes to be resolved by mediation, if so directed by he Minister.
Establishment of Water Tribunal
I o
15
20
25
30
35
40
146. ( 1 )
The Water Tribunal is hereby established.
45
t
40
N(),
19182
GOV}
:RNMENT
GAZETTE, 26 AUGUST 1998
Act N().
M,
1998
NATIONAL
WATE
{
ACT,
1998
(2) The
Tribumd
is
an
indeperrden[
body
whicb—
(u)
has jurisdiction in
all
the provinces of the
Rt
public; and
(b)
may
conduct hearings anywhere in the Repu
~lic.
(3)
The
Tribunal consists of
u
chairperson. a
de!
wty
chairperson and as many
additional members
as
the Minister considers necessar
/.
5
(4) Members of the Tribunal must have
knowlec
ge
in law, engineering, water
resfmrcc
management or related
fields
of’
knowledge.
(5) The chairperson, the deputy chairperson and he additional members of the
Tribunal are appointed by the Minister on the recomm
mdation
of the Judicial Service
Commission contemplated in
section
178
of the
Const
tution.
10
(6)
The chairperson
and
the deputy chairperson
rna.i
be appointed in a full-time
or
part-time capacity while the additional members
must
be appointed in a part-time
capacity.
(7) The Minister must determine the employment
co
lditions
and the remuneration of
the chairperson, the deputy chairperson and all
otht
r members of the Tribunal in 15
consultation with the Minister of Finance.
(8) The Minister may, after consultation with
tht Judicial Service Commission
referred to in subsection (5), and after giving the
mtmber an opportunity to make
representations and considering such representations, for good reason terminate the
appointment
of any member of the Tribunal.
20
Operation of Water Tribunal
147. ( I ) Subject to section
146(4),
after
having
cc
nsidered
the necessary field of
knowledge for the purposes
of hearing a particula matter, the chairperson may
nominate one or more members of the
Water
Tribunal
t(
hear a matter and a decision by
such member or members constitutes a decision by
the
Tribunal.
25
(2) Administrative support for the Tribunal must
)e
provided by
oflicials
of the
Department designated by the Director-General,
subje
ot
to the laws pertaining to the
secondment of
oflicers
in the Public Service.
(3)
The expenditure of the Tribunal must be
defraye
~
out of money appropriated by
Parliament for that put-pose or from any other source.
30
(4) Neither the Tribunal, the chairperson, the
deF
uty chairperson nor any other
member is liable for an act or omission committed in good faith while performing a
function in terms of this Act.
Appeals to Water Tribunal
148.
(
1
) There is an
auueal
to the Water Tribunal —
35
(a)
(b)
((’)
(d)
(f’)
(f)
(,q)
(/1)
against a directive issued by a catchment ma lagement agency under section
19(3)
or
20(4)(d),
by the recipient
thereofi
against a claim by a catchment management
tgency
for the recovery of costs
under section 19(5) or 20(7) by the person al
fected
thereby;
against the apportionment by a catchment m magement agency of a liability
40
for costs under section 19(8) or 20(9), by a
F
erson affected thereby;
against
a
decision of a water management inst
tution
on the temporary transfer
of a water use authorisation under section 25(I), by a person affected thereby;
against a decision of a responsible authority
c
n the verification of a water use
under section
35
by a person affected
thereb!
;
45
against a decision of a responsible authority on an application for a
Iicence
under section 41, or on any other application to which section 41 applies, by
the applicant or by any other person who 1
as
timeously
lodged a written
objection against the application;
against a preliminary allocation schedule
pub]
ished by a responsible authority
50
under section 46(
I
), by any interested persor;
against the amendment of a condition of a
Iic
ence by a responsible authority
on review under section 49(2), by any
persol
affected thereby;
!42
N,).
1°
I
X2
(;()\Jl
RNMENT
C,
AZETT’E.
26
ALIGIIST
199X
Act
No.
.\f).
1998
NATK)NA1.
WATE
{
ACT.
199X
(i)
against
a
decision
of
a responsible authorit:
J
cm
an
adjudication of claims
made under section 51 ( I
),
by any person afft cted thereby;
(j)
against a directive issued by a responsible
al
thority under section 53(I), by
the recipient thereofi
(k) against a claitn by
a
water management institution for the recovery of
COSIS
5
under section
53(2)({/),
by the person against whom the claim is
made;
(1)
against a
decisitm
by a responsible authority
on
the suspension, withdrawal or
reinstatement of an entitlement
Lmder
sectic
n 54, or on the surrender of a
licence under section 55. by the person entitle I to use water or by the licensee:
and
10
(w)
against a declaration made by. directive gi\ en
by
or costs claimed by the
Minister in respect
of a
dalm
with a
safety
risk under section 1 I
8(3)
or
(4).
(2) An appeal
llnLicr
subsectit)rl(l)—
(a)
doesnotsuspe
ndadirecti vegivenund
ersecti,m
19(3),
20(4)
(d)or53(l);
:ltl~l”
(h) suspends any
other
relevant decision,
dirtction, requirement. limitation,
15
prohibition or
allocation
pending
the
disp~wal
of
the appeal, unless the
Minister directs otherwise.
(3)
Allappe:ll
lllLlst
becomll~enced\
vitllin
30days:tler-
(({)
puhlicatior roftheciecision in the Ga:efle;
(h)
llotice[~ltlledecision” issellt
t(jtlle:lpi>cll:ltlt
or
20
(t)
reasons for the
decisi(m
arc
given,
whichever txxurs
last.
(4) The procedure
for
Ioclging.
hearing and deciding —
(t{)
:I)lappe:ll
unciersljhsectioll(
l)::lnd
(b)
an:lpplicati()n
f(~rthe
deterI~lin:lti{~
n(>fc(J1np:ns:iti()
nundersection
22,
’25
is contained in Part 2 of Schedule
6.
(5)
The chairperson may make rules
which—
(a)
govern the procedure of the Tribunal.
includir
g the procedure for lodging and
opposing an appeal or an application and the
learing
thereof by the Tribunal:
(h)
may provide
for
application or appeal fees pa! able
by
a claimant or appellant:
30
and
(c)
must be approved and published in the Gazelle by the Minister.
Appeals from decisions of Water Tribunal
149. ( 1 ) A
party
to a matter in which
[he
Water
Tribt
nal—
(a) has given a decision on appeal under
seclioo
148.
may, on
a
question of
law,
35
appeal to a High Court against that decision; or
(h)
has determined the liability
for
compensation or the amount of compensation
under section 22(9). may, on a question of’
Iav
i
appeal
to
a High Court against
that determination.
(2) The
appeal
must be noted in writing within
2
I
d~
ys of the date of the decision of 40
the Tribunal.
(3) The notice of appeal
must—
(a)
set out every question of law in respect of
wl{ich
the appeal is lodged:
(b)
set out the grounds for the appeal;
(c)
be lodged with the relevant High Court and \
ith
the Water
Tribunul:
and
45
(d)
he
served on every party to the matter,
(4)
The appeal must be prosecuted as if it were an
al
lpeul
from a Magistrate’s Court
to a High
Court.
Mediation
150. ( I ) The Minister may at any time and in
respt
ct of any dispute between any 50
persons relating to any matter contemplated in this
i
.ct,
at the request of a person
involved or on the Minister’s own initiative, direct that t
Ie
persons concerned
tittempt
to
settle
thcil-
dispLlte
through
n
process of mediation and negotiation.
(2) A directive under subsection (
I
) must specify the time when and the place where
sLIch
process must start.
55
I
44
No,
191R2
(;OVE
{NMENT
GAZETTE.
26
AUGUST
1998
Act
No.
36,
1998
NATIONAL
WATE}
ACT, 1998
(3) Unless
the
persons concerned have informed
th
t Minister at least seven
days
befbre
the date specified in
terms
of’ subsection (2) that
I
Iey
have appointed
o
mediator.
the Minister must appoint a mediator.
(4) Notwithstanding subsection
(.;
),
the parties may
i
t any time during the course
of
meditation
or
negotiation proceedings, by agreement
I
etween them, appoint another
person
to
act as mediator.
(5) A
person appointed by the Minister in terms ofs
~bsection
(3) must either be an
official of the Department or an independent mediator.
(6) Where the Minister
or
the Department is
a
party t
)
the dispute, the mediator may
not
be
an ollicial of the Department.
(7) The contents
of all discussions which took
plilce
md of” all submissions made as
part
of a mediation process
under
this section
are
prit
ileged
in law, and
may
not be
received in evidence by any court
of law, unless the
pw
ties agree otherwise.
(8) The fees and expenses of a mediator must be
paid
by—
((7) the Department, if the Minister has appointed the mediator; or
(h)
the parties, if they have appointed the
rnediat
)r.
CHAPTER
16
OFFENCES AND REMED
IIM
In common with other Acts of Parliament which a m to make non-compliance a
criminal
ofence, this Chapter lists the acts and
omiss
ons which are
offences
under
this Act, with
the associated penalties. It also gives the
~ourts
and water management
institutions certain powers associated with prosecution; for these
ofiences,
such
as
the
power to remove the cause of a stream
jlow
reduction.
Offences
151. ( 1 ) No
person may—
(a)
(h)
(c)
((1)
(P)
(t)
(x)
(/1)
(i)
(j)
(L’)
(1)
(m)
use water otherwise than as permitted
under
t lis Act:
fail
to provide access to any
btwks, accour
ts, documents or assets when
required
to
do so
under
this Act;
Fail
to comply with any
c(mdition
attached to
[
permitted water use under
!bis
Act;
fail to comply with a directive issued
under
s
:ction
19,
20.53 or I I
8;
unlawfully and intentionally or negligently tamper
or
interlere with any
waterwork or any seal or measuring
de\’ice
aI
[ached
to a waterwork;
fail or refuse to give data or information, or
give
ftilse
or misleading data or
informiltion
when required to give information
I
under this Act;
fail
to register an existing
l~wful
water use
v
hen required by a responsible
authority to do so;
intentionally refuse to perform a duty, or
ok
struct
any other person in the
exercise of any power or performance of any
)f
that person’s duties in terms
of this Act;
unlawfully and intentionally or negligently
C(N
lmit any act or omission which
pollutes or is likely to pollute a water
resourc:;
unlawfully and intentionally or negligently
co]
lmit any
act
or omission which
detrimentally
tiffects
or is likely to affect a
w:
ter resource;
Pail
to register a dam with a safety risk:
fail to comply with a temporary restriction on t
~e
use of water in terms of item
6 of Schedule
3;
or
commit contempt of the Water Tribunal.
(2)
Any person who contravenes any provision of subsection (
I
) is guilty of an
offence
and liable, on the first conviction,
to
a fine or
mprisonment
for a period not
exceeding
five
years,
or
to both a tine and such imprisonn
lent
and. in the case of a second
or subsequent conviction, to a fine or imprisonment for a period not exceeding ten years
or to both a tine and such imprisonment.
5
[()
15
20
25
30
35
40
45
50
I
46
No.
19182
GOVERNMENT GAZETTE,
26
AUGUST 1998
Act N(J.
36,
1998
NATIONAL WATER ACT, 1998
Enquiry in respect of compensation for harm, loss or damage suffered
152. Where any person is convicted of
an
offence
under this Act and—
(u)
another person has sutiered harm or loss as
a
result of the act or omission
constituting the
offence;
or
(b) damage has been caused to
a
water resource,
the Court may, in the same
proceedings—
(i) at the written request of the person who suffered the harm or
loss;
or
(ii) at the written request of the Minister in respect of the damage caused to a
water resource; and
(iii) in the presence of the convicted person,
enquire without pleadings into the harm, loss or damage and determine the extent
thereof.
Award of damages
153. After making a determination in terms of section 152, the Court may —
(a) award damages for the loss or harm
suflered
by the person referred to in
section 152 against the accused;
(b) order the accused to pay for the cost of any remedial measures implemented
or to be implemented; and
(c)
order that the remedial measures to be implemented, be undertaken either by
the accused or the relevant water management institution.
Offences
in relation to employer and employee relationships
154. Whenever an actor omission by an employee or
agent—
(a) constitutes an
offence
in terms of this Act, and takes place with the express or
implied permission of the employer or principal, as the case may be, the
employer or principal, as the case may be, is, in addition to the employee or
agent, liable to conviction for that
offence;
or
(b)
would constitute an
offence
by the employer or principal, as the case may be,
in terms of this Act, that employee or agent will in addition to that employer
or principal be liable to conviction for that
otfence.
Interdict or other order by High Court
155. A High Court may, on application by the Minister or the water management
institution concerned, grant an interdict or any other appropriate order against any
person who has contravened any provision of this Act, including an order to discontinue
any activity constituting the contravention and to remedy the adverse effects of the
contravention.
CHAPTER 17
GENERAL AND TRANSITIONAL PROVISIONS
This Chapter contains a number of unrelated provisions which, being of general
importance to the Act as a whole, are less suited to other Chapters. They relate, among
other things, to the binding of all organs of state, to delegations, to the amendment
and substitution of legal instruments, to the limitation of liability, and to the
authorisation and service of documents. The Chapter refers to the list, in Schedule 7,
of la
ws
or parts of la ws which are repealed by this Act and which will no longer have
efect.
Howeveq any act performed under a repealed law remains valid if not
inconsistent with this Act and until overridden by this Act. Regulations made under
repealed laws also remain valid if not inconsistent with this Act and until repealed by
the Minister. This Chapter also provides for overriding any provision in a prior law
which exempts a person from payment of a charge or limiting payment to a
jixed
charge for water use.
5
10
15
20
25
30
35
40
45
I
48
N().
191X2
GOVERNMI~NTG
AZETlE,26A(JGll
Sl
11)98
,*L4
N().3fJ,
1998
NATIONAI,
WATEKACT
1998
Purt
1: Liability
State hound
156, This Act
binds
al]
organs
of
state.
Limitation of liability
157. Neither the
State
nor
any
other person is
liable
for
tiny
damage or
loss
caused
by—
(u)
the exercise
ot’
any
power or the performance of
any
duty in terms of this
Act:
or
(b)
the failure to exercise any power, or perform any duty in terms of this Act,
unless
the
exercise of’ or tiilure to exercise the power, or
pcrfornurncc
or
ftiihrre
to
perform the
duty
was unlawful, negligent or in
bud
faith.
Amendment or substitution of instruments
158. ( 1
)
For the purposes of this section,
“instrument” includes any regulation,
strategy,
Iicence,
directive or notice made, determined, issued or given in terms of this
Act.
(2)
1~
the proposed amendment or substitution of
an
instrument-
(u)
is not likely to alter the rights
and
obligations of
tiny
person materially:
(b}
corrects
any
clerical mistake, unintentional error or omission in an instrument;
(c)
corrects any
tigure
rnisctilculated
in
an
instrument; or
(d)
corrects any
rnisdescription
of
wry
person, thing or property,
the
amendment or substitution
muy
be
made
without following the
proccdLrre
required
for establishing or giving
ettect
to
the instrument.
Effect of delegation
159. Where
a
power
is
conferred
on
u
person to
dclegute
the exercise
O(
u
power
then,
unless the contrary intention
appears-
(u)
(b)
(c)
such
a
delegation
does
not prevent the exercise
O(
that power. or
the
performance of
that
duty by the person who made the delegation;
such
a
delegation may be
made
subject to such conditions or limitations
as
the
person making
that
delegation
mtiy
specify;
and
a power so
delegtited,
when exercised or performed
by
the
delegatee, must
be
re”garded
m
ha~rng
been
exercised or performed by” the person making the
delegation.
Part 2: Powers aud authorisatious
Documents deemed to be properly authorised
and
issued
160. ( I )
A notice, directive or other document
issLwd
in terms
ot
this Act in
good
f’aith
by
any
water management institution
and
purporting to have
hecn
signed
by
the
chairperson, secretary or
chict’
executive
officer
of the institution
mus[
be
r~gi]rdd
as
having
been properly
outhorised
und
issued in
terms
of
a
valid
decisi{m,
until evidence
to the contrary is adduced.
(2) Any document
issued
in
terms
of this Act without authority
may
be
ratifie[i
subsequently.
Documents and steps valid under
cer~ain
circumstances
161. ( I )
A
nL)ticc,
direclive or other document issued in
god
faith
in terms of this Act,
but which
does
not comply with this Act, is
valid
if the
non-complifince
is not muterid
and
does
not
pre,judicc
any person.
5
1()
15
Z()
25
30
35
40
15[)
N()
191x2
GOVERNMENT GAZETTE,
26
AI.JGLJST
I
YX+
—
Ad
No. 36,
1998
NATIONAL
WATER
AC’r,
1998
(z)
‘rhc
[’:li[llrc
I()
[kc
tiny
sleps
required
in terms
of
this
Act
as
a
prerequisite
Ior
any
decisitm
or
:Ic[itm
does
not
inv:didu(e
[be
deci~ion
or
action
ii’
the
Failure—
((/)
ii
nt)l
nlateriul;
(b)
hil\
subwqucntly been rectihed;
and
(t) does
m)[
prejudice my person.
5
(3) A
t’uilurc
in
good
Iiiitb
to
comsult
with or
send
nolice
to
any relevant person or
body
LLS
required
by
this
Act
does
n(N
invAidate
any
act
of or process
for
which such
cx)nsullalion
is
a
prerequisite.
Service
of documents
162. ( I ) Any
notice,
direc[ive
or other document in terms of this Act,
must
be
I
()
scrvcd—
(ti)
if it is to
be
served
on
a
natural person-
(i)
(ii)
(iii)
(iv)
(b)
it’ it
(i)
(ii)
(iii)
(iv)
(v)
by
hand
delivery
[o
that person;
by
hand
delivery to
a
responsible individual
al
that person’s business or
residential address;
Is
by sending it by registered
mail
to
that
person’s business
or
residential
address;
or
where that person’s business
tind
residential address is unknown.
despite
reasonttblc
enquiry, by publishing
ii
once in the
Ga~,cfl<
and
once in
a
Ioctii
newspaper circulating in the
area
of
that person’s last known 20
residential or business address; or
is intended
kr
a
juristic
person-
by
hund
deli\ery to
u
responsible individual
tit
the
registered
address
{~r
principtil
place
of
business of
that
juristic person;
by
sending
it by facsimile
to
the
registered
address
or principal
place
of
25
business of that juristic person;
by sending it by registered mail to the registered address or
principtil
place
ot’
business
ot’
that juristic person;
by conspicuously
attachirlg
it to the
muin
cntrunce
of
(he
registered
wldrcss
or the principal place of business of that juristic person; or
30
by
htind
delivery
tt~
:my
mernbet-
ot’
th:it
jLlristic
person’s
btxtrd
of’
direclors
or governing body.
(2)
Any notice, directive or
other
document served wwrding to subsection ( 1 ) is
considered to have
come to the notice
ot’
the person, unless the contrwy is proved.
Repeal of laws, and savings
35
163. (
1
)
The
laws
sel
out
in
Schedule
7
arc
hereby
repe~lled
to
the
extent
set
f)tlt
in
tll~
third
column
ol
that
Schedule,
(2) This
Act
overrides
tiny
provision in
o
prior
Itiw
cxempling
u
person from
paynwn[
of:1
charge, or limiting payment to
a
Iixed
chiu?ge
for water
usc
(3) Anything
done
under
a
law
repe:ded
by this
Act
remains
vt]lid—
40
(~1)
to the
extent
that
it is not inconsistent
wi[h
thi$
Act;
:md
(h)
until
anylhin:
done
under
this
Ac(
overrides
it.
(4)
Any regulation
mwic
under
a
law
repealed by this
Ac(
remains in
(brce
wd
is
corlsidercd
to
have
been made under this
Act—
(a) to the extent that it is not inconsistent with this Act;
and
45
(b)
until it is
repealed
by the Minister
under
this Act.
Short title and commencement
164.
This is
the
Nation:d
W~ter
Act, 1998, which takes
elt’ec[
on a
date
fixed
by
the
President by
proclmnati(m
in
the
Gti:,cI[cJ.
}5?
N(I
101X2
GOVERNMENT
(;
AZJ3TTE,
26
A(JGLIST
1998
Act
N(J.
M,
1998
NATIONAI.
WArER
ACT,
1998
Schedule 1
PERMISSIBLE USE OF WATER
Iscctions41
J
ml
22( I
)((~)(i)
ml
Item
?
Of
schedule
s
I
(
1
) A
person
may, subject
to
this
Act—
(a)
tirke
water
for
reasonable domestic use in that person’s household, directly
from
any
wtiter.
resource to which that person hits
lawful
access;
(b)
!akc
water
for
use
on
Iund
owned or occupied by
thtit
pcrwn,
for
—
(i)
rewonablc domestic
use:
(ii) small gardening not
for
commercial
purpmws;
and
(iii)
the
watering of animals (excluding
fecdlots)
which
graze
tm
Ihist
Iund
within
the
grazing
ctipacity
of
that land,
From
any water resource which is situated on
or
forms
a
boundary of that land.
if the
use
is not excessive in relation
to
[he
cupacity
of
the
wwer
resource and
the needs of’ olher users;
(,)
store
and
USC
run-off
water
from
a
roofi
(d)
in emergency situations, take water from any water resource for human
consumption or
tireiighling;
(e)
Ior
recretrtiomrl
purposes-
(i) use
the
water or the water surface of
a
water resource to which
th:it
person
htts
lilWfUl
access;
or
(ii
)
portage any boat or canoe on any land adjacent to a watercourse in
order
10
continue
bwrting
on that watercourse;
and
())
discharge —
(i) waste or water containing waste; or
(ii) run-off water, including
storrnwater
from any residential, recreational,
commerciut
or industrial site,
into a canal, sea
outfd
I
or other conduit controlled by another person
authorised to undertake the purification, treatment or disposal of
wtiste
or
water containing waste, subject to the approval
of the person controlling the
canal, sea outfall
or
other conduit.
(2) An entitlement
under
this Schedule does not override any other
kiw,
ordinance.
bylaw or regulation,
mi
is subject
[o
any limitation or prohibition thereunder.
I
54
N().
19182
GOVI
iRNMENT
GAZETTE,
26
AUGUST [998
Act No. 36, 1998 NATIONAL WATER ACT,
1998
Schedule 2
PROCEDURAL MATTERS REGARDING SERVITUDES
[Sections 127(4) and 129(
2)]
1. A person who intends to claim a servitude or an
ammdment
of a servitude under the
Act must give the owner of (he land which will be
subje
:t
to the servitude written notice
of his or her claim.
2. Where a claimant is not the owner
of the land in
favour
of which the servitude is
claimed, the claimant must give the owner written not ce of the claimant’s claim.
3.
The notice must include details
of
at least the following, where relevant:
(<1)
(b)
(c)
((1)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(/)
the entitlement of the claimant to the use of he water;
a description of the land which will be
subje
:t
to
the servitude;
whether the servitude claimed is a personal
(
Ir
a
praedial
servitude:
in the case of a personal servitude, the name identity number or registration
number (if applicable) of the person in
whose
fwour the servitude is claimed;
in the case of a
praedial
servitude, a
descriptil
m
of the land in
favour
of which
the servitude is claimed;
the likely impact of the servitude on the
lam
or its use;
in the case of
a
servitude of aqueduct, the rou
.e
along which the water is to be
led
over the land which will be subject
to
the servitude and other affected land;
in the case
of
a servitude of submersion, wher
>
the water will be stored and the
area that will be submerged;
the nature and locality of any proposed water\
tork,
including any road or other
structure, which will reduce the loss and nconvenience to the owner or
occupier of the land which will be subject
tr the servitude, as a result of the
servitude;
how and when maintenance of the proposed
vaterwork
is likely to be carried
out ;
the nature, quantity and situation of any materials required from the land
which will be subject to the servitude for t
le purpose of constructing any
proposed waterwork;
the land reasonably required during the cons
.ruction
period
for—
(i) construction camps;
(ii) accommodating people;
(iii) workshops; or
(iv) storage purposes;
(m)
the extent and location of any land reasonably required for construction,
operating and maintaining a proposed water
.vork
on the land which will be
subject to the servitude; and
(n)
the compensation offered.
4. A plan depicting the location of the proposed wa erworks
on
the land which will
be subject to the servitude must be attached to the notice.
5. When a person gives a notice of a claim for a ser
Iitude
or for an amendment of a
servitude, that person must also send, by registered
po
;t,
a copy of the notice
tb
(a)
the lessee of the land;
(b)
the national, provincial or local
governrrlent
authority responsible for
controlling, maintaining or repairing a road
a,xoss
which the claimant intends
constructing
a
waterwork in terms of the ser
)itude
or amendment; and
(c)
every person who. from a perusal
of—
(i) the title deeds of the land;
(ii) the records of the Registrar of Mining
I’itles;
or
(iii) the records of any other government
otli
ce
which records prospecting or
mining rights,
appears to have any interest in the land
whit
~
may be negatively afiected by
the servitude,
if
the whereabouts of the pers(
n
can be readily ascertained.
(i.
A notice under item
I
or
2
may be amended as a result
of—
I
56
N(~.
19182
GOVI
RNMENT
GAZEM’E.
26
AIJGUST
1998
Act
No.
M.
1998 NATIONAI.
WATE
t
ACT. 199X
(~1~
the
clairntint
exercising his or her rights
undt
r section
128
of the
Act:
or
(h)
objections to
the
notice by the owner
olthe
Iaird
subject to the servitude or the
owner
of the land in
favour
of which the
serl
itudc
is claimed.
7. An
arnemled
notice must be dealt with in the
sane
way as the original notice
8.
A claimant may, not earlier than 14 days and not la er
than
90
days
ufter
the notices
required in terms of
this
Schedule have been given, apply to the High Court for the
award
of a servitude claimed in terms of the procedure set out in this Schedule and the
High Court may make such order as it deems
tit.
Schedule 3
POWERS WHICH MAY
BE
EXERCISED AND
DI
JTIES TO
BE
PERFORMED
BY
CATCHMENT MANAGEMENT
AGENCYE
S ON ASSIGNMENT OR
DELEGATION
lSections 72.73 and 151( I
(1)]
General
1. Subject to Chapter 2 and sections
72
and
73
of this Act a
catchment
mantigernent
agency
may
exercise any of the powers or perform
a.ly
of the
dllties
set out in this
Schedule and any other powers or
duties
necessary
I
w
desirable in order to
ensure
compliance with the Act,
to
the extent that such power and duties have been assigned
or delegated to it, and within the constraints
of the assignment or delegation.
Power to manage, monitor, conserve and protect
wat:r
resources and to implement
catchment management strategies
2. A
catchment management agency
may-
((1)
(b)
{c)
([i)
(e)
manage
and monitor permitted water use wit
lin
its water management area;
conserve and protect the water resources
and
I
esource
quality within its water
management area;
subject to the provisions of the Act,
develc
p
and
operate a waterwork in
furtherance
of its catchment management
stri
tegy:
do anything necessary to implement
catchrner
t management strategies within
its water management
area;
and
by notice to a person taking water.
and
all
m
htiving
given that person a
reasonable opportunity to be heard, limit
(t
e taking of water in terms of
Schedule 1.
Catchment management agencies may make rules t
J
regulate water use
3.
( 1 ) A catchment management agency may make
rtrles
to regulate water use.
(2)
The
rules made under subitem
(
1 ) may relate,
ar
mngst
other things,
t[~—
((I)
the times when;
(b)
the places where;
(c)
the manner in which; and
(LI)
the waterwork through which,
water
may
be used.
(3) A water user must adhere to any such rules which apply to that user.
(4) A rule made under subitem (
1
) prevails over a
c(mflicting
distribution condition
contained in any authorisation.
(5) Before making rules a
catchment management a
;ency
must—
(a}
publish a notice in the
Gm.ette-
(i) setting out the proposed rules;
(ii) inviting written comments to be subr
litted on the proposed rules,
[58
No.
19182
GOVE
tNMENT
GAZE’tTE.
26
AUG[JST
1998
Act No.
36,
1998
NATIONAL WATER ACT,
1998
(b)
((’)
(d)
specifying
an
address to which
and
a
date
>efore
which the comments are
to be submitted, which
da[e
may not
]e
earlier than 60 days after
publication of the notice:
consider what further steps, if any, are
appropr
ate to bring the contents of the
notice to the attention of interested persons.
:
nd take those steps which the
catchment management agency considers to
b
t appropriate;
consider all comments received on or
before
~
he date specified in paragraph
(a)(ii); and
consider
all
applicable conditions for provisio
I
of services and
byltiws
made
.
.
under the
Water
Services Act,
1997
(Act No. 108 of 1997), by water services
institutions having jurisdiction in the area in
c
uestion.
(6) After complying with subitem (5), a catchment
nianagernent
agency
mLlst-
(CZ)
finalise the rules; and
(b)
make it known, in
an
appropriate manner,
!h:
t
the
rules
have been finalised
and where they may be read; or
(c)
deliver or send a copy of the rules to each
watt
r user to whom the rules apply.
Catchment
management agencies may require
es
abolishment of management
systems
4. ( I ) A
catchment management agency may require
n
writing that a water
user—
(a) install a recording
or
monitoring device to monitor storing, abstraction and
use
of water;
(b)
establish links with any monitoring or managelnent system to monitor storing,
abstraction and use of water; and
(c)
keep records on the storing, abstraction and use of’ water and submit the
records to the
catchment management agency
(2) If the
water user fails to
comply
with a
requiren
ent of subitem (
1
)(a)
or
(b),
a
catchment management agency may undertake the
instal
Iatiorr
or establishment of such
links and recover any reasonable cost from that water u
;er.
Catchment
management agencies may require
alter:
tions to waterworks
5. (
1
)
A catchment management agency may. by
writtc
n notice to the owner or person
in control of a waterwork, require that person to
:ollect and submit particular
information within a period specified to enable the
catc
hment
management agency to
determine whether (bat waterwork is constructed, maintained and operated in
accordance with the Act.
(2) A
catchment management agency may direct the
)wner
or person in control of a
waterwork
at the owner’s own cost and within a specifi
:d
period,
to-
(a) undertake specific alterations to the waterwor:;
(b)
install a specific device; or
(c)
demolish, remove or alter the waterwork or re rider the waterwork inoperable
in a manner
specitied
in the
directi\’e.
(3)
A
catchrnent
agency may only issue such a
directl
ve if it is reasonably necessary
in order
tw-
(i) protect authorised uses of other persons:
(ii) facilitate monitoring and inspection of’ the wa er use; or
(iii ) protect public safety, property or the resource quality.
(4) If the owner fails to comply with a directive, the
(
atchment
management agency
may—
({~)
undertake the alterations;
(h)
install the device: or
(c)
demolish, remove or alter the waterwork or
re;
tder
the waterwork inoperable.
and recover any reasonable costs from the person to wh
.m the directive was issued.
160 N(I.
19182
GOVE
{NMENT
GAZEITE,
26
AUGUST
1998
Act No.
36,
1998
NATIONAL. WATER ACT,
1998
Catchment management agencies may temporarily
C(
mtrol,
limit or prohibit use of
wdter
during periods of water shortage
6.
(
I )
[t’
a
catchment
management agency
on
reascmab
e grounds believes that a water
shortage exists or is about to occur within an area it may,
lespite anything to the contrary
in any authorisation, by notice in the
Gaze/re
or
by
wril
ten notice to each of the water
users in the area who are likely to be
affected—
(i) limit or prohibit the use of water;
(ii) require any person to release stored water
um
er that person’s control;
(iii) prohibit the use of any waterwork; and
(iv) require specified water conservation measure: to be taken.
(2) A notice contemplated in subitem ( I )
must—
(a)
(b)
(c)
(3) In
must—
({1)
(/))
(c)
specify the geographical area or water
resourx
e to which the notice relates;
set out the reason for the notice; and
specify the date of commencement of the
me<
sures.
exercising the powers under subitem ( 1 ), the
[
atchment
management agency
give preference to the maintenance of the
Re:erve:
treat
all
water users on a basis
that
is
f’air
and reasonable; and
consider—
(i)
(ii)
(iii)
(iv)
the actual extent of the water shortage;
the likely
eflects of the shortage on the
vater
users;
the strategic importance
of any
wafer
us<
; and
any water rationing or water use
lirr
itations
bv
a
wuter
services
institution having jurisdiction in the are
~
in question under
the
Waler
Services Act, 1997 (Act No.
108
of 1997).
(4) If the owner or person in control of a
waterwo
k contravenes
a
notice issued
under subitem ( I ), the
catchment management agency r lay—
(a) modify, or require the owner of the
waterww
k to modify the
waterwork
so
that it cannot be used to take more water than t
~at
allowed for in the notice; or
(b)
remove the waterwork or require the owner t
)
remove the waterwork if the
notice contains a prohibition on the use of that waterwork.
(5) A
catchment management
agency
may recover fern the owner
uny
reasonable
costs incurred by it in acting under subitem (4).
I
(12
N().
1<)[S2
GOVERNMENT GAZETTE.
26
AUGUST
1998
Act
N(). 36, 1998
NATIONAL WATER ACT, 1998
Schedule 4
MANAGEMENT AND
PI.ANNING OF WATER MANAGEMENT
INST1TUTIONS
[Sections
79(2)
and
82(4)]
Part 1: Governing board
Governing board
1. (
1
)
The
board-
((J)
is responsible
for
institution;
and
the management of the afhirs of’ the water management
(b)
may exercise the powers of the institution.
(2) Without limiting subitem ( l),
i!
is the role of the
board—
(a)
to
decide
the strategies and policies to be followed by the institution; and
(b)
to ensure that the institution exercises its powers or performs its duties in
a
proper, efficient. economical and sustainable manner.
(3) The
board
must carry out its functions
as
efficiently as possible, consistent with
prudent commercial practice.
(4) in the absence
of the chairperson, the deputy chairperson performs
all
the
functions
of the chairperson.
Terms and conditions of appointment
2. ( 1 ) A board member holds office for a term—
([~)
specified in the constitution, if the institution has a constitution; or
(b,)
determined by the Minister, if the institution has no constitution.
(2) The institution may pay
a
board member from the revenues of the institution an
amount of remuneration, determined by the board from time to time, in accordance with
any directive
from
the Minister.
Chief executive officer
3. ( I ) The board may appoint a suitably qualified person as chief executive
oflicer
of
the institution.
(2) The chief executive
officer
of the institution holds
oftice
on the terms and
conditions determined by the board.
(3) The board
may
remove the chief executive
oflicer
of the institution from
oflice,
(4)
The Minister may,
for’
good reasons
and
after consultation
with
the
board,
direct
the board to remove the chief executive
ofiicer
from
ofke.
(5) The
board
mus[
comply
with
a
directive given by the Minister
under
subparagraph
(4).
(6)
The functions
to
be pet-formed by the chief executive otticer in
terms
of this
Schedule may also
be
performed by the chairperson or
any
other officer designated by
the chairperson.
(7) The board must, in consultation with the Minister of’ Public Service
and
Administration, determine the
sal~ry
of its chief executive
oflicer,
subject
to
the
approval of the Minister.
Vacancies, resignations and removal from office
4.
( I
)
The
rmsition
of
a
bourd
member becomes
vacant
if the
member-
i(l;
(1))
({)
(d)
(t’)
(t)
Iws
been
declared
to be of unsound mind by
a
competent authority;
is declared insolvent;
resigns;
is convicted of any
offence
involving dishonesty;
is absent without prior consent of the
chtiirperson
from two consecutive
meetings of the
bomt;
or
fuils
LO
make any disclosure required to be made in terms of item 7.
10+
htl
1’)
182
GOV1;RNMUNT
GAZE’I-rF.,
2(I
AI
JG1!S’I-
199X
—
.\cl
No.
36,
1’)98
NATloNA1.
WATER
,4(””1.
19W
Validity of decisions
5. ( I ) An
xx
or
dccisi(m
of
the
hoard
is
no[
invalid
merely
bcc:iLIw
{Jt––
(a)
lL
defect
or
irregulwity
in, or in
conncctifm
with,
the
app~~intnlcn[
IJI’
LI
b(mrd
mcmbel-:
m
(l))
a
vac:mcy
in
the
membership
(Ii’
the
bwmt,
including a
vac:incy
resulting
I“r(lln
the
I“uilure
1~~
appoint
tin
(Irigind
b(wd
member.
[2)
Anything
done
by
or in relation
[O
u
person
purporting
[o
wt
AS
chairperson
~~r
:[s
a
b(~wd
member
is not intalid
nwrely
hecirusc—
((I
)
the
occmion
for
the
person
to
irct
had
not
arisen
or
had
cewxi:
(b)
there
was
a
def’cct
or irregularity in relation
to
the
oppointmenl;
or
(() the appointment
had
ceased
to
have
eifect.
Part 2: Board members
Duties
of board members
6.( I ) A
board
member must
;It
idl
(itnes
act
honestly in performing [he
foncti(ms
(Jf’
his
<)r
her
olticc.
(2)
A bored member
nlLIst
tit
all
times
exercise
a
reasonable
degree
ot
care
find
diligence in
pml’orming
a
member’s functions,
:md
in furthmmce of’ this duty
withtw~
limiliog
i[s
scope, inLIst-
((()
ttike
reastm;]hlc
steps
tu
inkmn
hinrseli’
or herself shout the institution.
ils
business
:mci
ilctivities
:md
the circumstances in which it operates;
(b)
take reasonable steps, through the processes of the
board,
[o
obtain
sufficient
inf’ormti(irm
and
advice
shout
til
I matters
to
be
decided
hy
the
hoard
to
cnuble
him or her
(()
nlak
conscientious
and
informed decisions:
and
(t)
c.xercise
CIIt
uclivc
discretion
with
respect
to
all
miitters
[()
bc
decided
by
the
bourd.
(3) A
board
mernhcr
need
not
give
ctmtinu(JLl\
~mcnti(m
10
the
affairs
of’
the homl,
but
is
requirut
10
exercise
reas(~[ldie
diligcncc in
relation
to-
([/)
the business
of;
and
(b)
prcpwati(m
I’i)r
und
;Illendwlct!
at
nlcetitlgs
ol,
the
boml
A
any
con~nlit[ce
(o
which
the
board
nwmher
is
appoin[ed.
(4)
In
determining
the
degree
O(
ctirc
~Iod
diligence
required
to
be
exerciwt
by
a
hod
member.
regard
must
he
had
to
the
skills, knowledge
or
insight
powcsscli
hy
tila(
member.
and
tt)
[he
cicgrcc
01
risk
involvc~i
in
any
p:wticui:tr
circulns[ilncts.
(5) A
board
member.
or
former
ixmrci
member, must
INN
muhe
impmper
LIW
(~t
his
(w
her i)osition
:1s
a
metnbet-
or
(JI
inf{nmw[ion
:wquircd
by
virtue
(~t
his
or
hcr
positi(m
its
u
member
m
gain,
dircctiy or indirectly.
an
advanltlge for
ililnseif
~~r
i~~rseii’
or
fOI”
WIY
otiwr
person,
or
[(~
prcju
Liicc
the institution.
(6)
Tilis
item
mLIs[
be interpreted
LIS
wkiing
to.
mwt
not
cicviuting
t’r~ml.
any
l:L\~
rciating
In
the
criminul
or
cit’il
iiabiii[y
oi”
a
member
ot’
a
go\erning
b(xly
~)i’
a
ctwp(n”:(te
txxiy.
:md
it
does
not
prcvcn!
My
crimin:d
(jr
civil
proceedings
being
instilutc(i
in
respect
t~f
such
u
ii:ibiiity.
I)isclosure of’ interest
7.
(
i ) if
0
bo:it-d
nwmhcr
ims
a
direct
or
inciirec[
pecufliilry
or
other
interest in
imy
]]]:ltttl
Ill
~hi~h the
illstiluti(m
is
concerned,
whicil
~OU]L!
c(mllic[
Wi[h
the
pr(lpcr
pet-f(mnallce
(Ji’
ilis
(w
iwr
du[ics
in
rei:ition
to
thnt
matter,
he
or
she
must
disclose
tiult
in(cmst
:IS
w)(m
as
prac’[icahie
ufter
[he
reievunt
I:ICIS
cwrnc
to
ilis
or
her
knowic(igc.
I 66 N()
19182
GOVERNMENT GAZETTE,
26
AUGUST
1998
Act
No.
36,
1998
NATIONAL WATER ACT,
1998
(2)
If’
the
board
member is present at
a
meeting
of
the board at which the matter is
m
be
considered,
the
board
member must disclose the nature of his or her interest to the
meeting
immedi~(eiy
before
the
matter is considered.
(3)
If”
the
hoard
member
is
aware
thtit
the matter is to be considered
at
a meeting of
the
bowl
ot
which he or
sbe
does not intend to be present, he or she must disclose tbe
nature
ol his or her interest to the chairperson before the meeting is held.
(4)
A board member who has made a disclosure under this
pardgraph
must
not—
(L1
) be present during
any
deliberation; or
(h)
take
part
in
any
decision,
of
the
bowl
in relation to the matter in question.
(5) Any disclosure made under this paragraph must be noted in the minutes of the
relevant meeting
of the board.
Recovery of improper profits
8.
[f
a person contravenes item 7, the institution, or the Minister in the name of the
institution,
may
recover from the person as a debt due
to
the institution, through
u
competent court, either
or
both of the
following—
(a) if that person,
or
any other person,
made a profit as
a
result of the
contravention, an amount equal to that profit; and
(b)
if the institution has
sufiered
loss or damage
m
a result of the contravention,
an
amount
equal
to that loss or damage.
Part 3: Proceedings
of
the board
Convening meetings
9. ( I ) The
board
must meet
at
least twice in each year.
(2) Meetings must be held at the times and, subject to subitem (4), the
places
determined by the board.
(3) The chairperson may convene
a
meeting
at
any time and must do so when
requested by one third of the board members.
(4) The chairperson may, from time to time, determine that a meeting be held by
telephone, closed-circuit television or other means of communication.
Notices of meeting
10.
(
1 ) Except as provided in subitem (3), the chairperson or the chief executive
ofticer
must give at least seven days’ written notice to board members of any meeting
convened at the request of one third of the board members.
(2) A notice given in terms of subitem (
1
)
must—
(a) specify the date and time of the meeting;
and
(b) state the general nature of the business of the meeting; and either
(L)
state the place of the meeting; or
(d)
specify the means of communication by which the meeting will be held.
(3)
The chief executive officer or chairperson must give notice of
a
meeting—
(a)
in writing; and
(b)
not less than seven days in advance except in cases of emergency or where
every board member agrees to accept short notice.
(4)
If
notice of
a
meeting is given [he board must, if requested by a board member,
allow
that member to participate in the meeting in the manner contemplated in item 16.
(5) The proceedings of, or resolutions passed at a meeting of,
a
board are not invalid
merely
because—
(a) the chief executive officer omitted to send a notice
[o
a board member; or
(b)
a member
did
not receive a notice of the meeting.
lox
N,).
191X2
(GOVERNMENT GAZETTE.
26
AUGLJSI
19CJX
id
No.
.36,
1998
NA’rloNAL
WATER
ACT,
1998
Quorum
11. ( I )
Nt)
business
nmy
be
conducted
at
a
meeting unless
a
quorum of members is
present.
(~)
A
‘lu{JrLllll
is
ii
“Ii)jority
Of
the
menlbers
for
the
time being.
(3)
if
a
quoi-LIn)
is not present within
30
minutes after the time
uppointed
for
a
nwcting,
the person presiding
at
the
meeting may
itdjourn
the
meeting
to
the same time
and
pitice.
seven
days
utter
the adjournment.
(4)
It’
a
quorum is not present
at
an
adjourned meeting within
30
minutes aticr
the
tinw
:~ppoin(cd
Ior
the
meeting, the meeting is automatically cancelled.
Adjournment
12. (
1
) The person presiding
at
a
mee(ing
at
which
a
quorum is
prcsent-
(~~)
may
adjoLlrn
(he
meeting with the meeting’s consent;
wrd
(h)
must adjourn
the
meeting if the meeting so directs.
(~)
An
~djourlled
,llectillg
II]US[
be
held
at
the
tin)e
and
place
;igreed
to by the meeting
before
it is adjourned.
(3)
Only unfinished business of
an
initial
meeting
can
be conducted
at
an
adjourned
meeting.
Person presiding
at
meetings
13. ( I ) Subject to
item
7(4)—
({/)
the chairperson must preside
at
uII
meetings of
the
bcmrcl
at
which the
cbairpers(m
is present;
and
(b)
in the
ubsence
ol
the
chairperson.
(he
deputy chairperson
must
preside
at
a
meeting of
the
board.
(~)
[(
neither
th~
~halrp~rson
nor
lh~
deputy
chairperson
is present,
the
meeting
must
appoint
a
board
member present
at
the meeting to preside.
Voting
14.
( I ) A question arising
at
a
meeting must be determined by
a
majority of votes ol
board
members present
and
voting.
(~)
lf
V[)ting
oll
a
question
is
CqUZLl,
the
person presiding
has
a
wsling
Vok
aS
welt
X$
11
deliberative
vote.
Minutes
15. (
1
) The chief executive
oticer
must ensure
thut
complete
and
ticcurtite
minutes
ot’
each meeting
tire
kept.
(2)
[X:lf’[
nlinLltes
of each meeting
nlust-
((L)
be
prcscn(ed
to
the
next meeting of[he
board
for
amendment, if
necessmy,
and
ildoption:
and
(b)
be
entered
in
a
durable, bound volume of minutes.
(3)
The person presiding
at
the next meeting must sign
and
date
an
affirmation to the
ellect
thut
imy
minutm
ot’
[he
previoL]s
meeting have been adopled by the meeting.
l’anticipation in meetings
16. (
1
) The
bowd
ITMy,
by resolution, permit
board
members to participate in
a
particular meeting
by
[elephone,
closed-circuit television or
olher
means of
conln]LlI~i-
cution.
(2) A
board
member
who participates in
a
meeting
und~r
permission given under
suhitcm
(
[
) must he rcgurded as being present
at
the meeting.
17(1
N(,,
19182
GOVf
I/NMEN’r
GAZETTE
2fJ
AUGL{ST
1998
Act
No.
M.
199X
NATIONA1. WATE
/
ACT,
1998
Resolutions without meetings
17. (
1
)
1[
all
the
board
members
for
the time being ({ther than
a
board member who
is absent from South Africa
at
the time) sign
a
document containing a statement that they
are in
fi~vour
of a resolution set out in the document, a resolution in those terms shall be
taken
to have been passed at a meeting of the board held on the day on which the
document is signed or, if’ the members do not sign it
(
n the same day, on the day on
which the last member signs the document.
(2) For the purpose
of subitem (
1),
two
or
more
sc
parate
documents containing a
statement in identical terms, each of which is signed b y one or more board members,
must be taken to he one document,
(3) A document referred to in this item may be in the form of a telex or facsimile.
Execution of documents
18. ( 1 ) Subject to subitem (2). a document is duly executed by the board if it is
executed on behalf of the board by any two board men hers.
(2) The board may, either generally
or
in a
partic[llar
case or class of cases, by
resolution authorise the chief executive
otlicer to
exec.lte
documents on behalf of the
board.
Appointment of committees
19. ( I ) The board may, from time
to
time-
(a) appoint such temporary or standing
cornmittt
es
as
it sees fit from among its
members;
(h)
appoint persons other
than
board members to a committee;
(c)
remove any person appointed
to
a committee from such committee; and
(d)
determine the terms of reference of any corer littee,
which may
include—
(i) full decision making powers on particular matters; or
(ii) a requirement
to
refer decisions back to the b
~ard
for ratification.
(2) Items
7.11, 12,
14,
15,
16,
17,
18(1) and 20
appl)
to a committee as if it were
the
board.
(3)
Part 2 also applies to any member of a committe; who is not a board member.
(4) A committee must report to the board at the time, and in the manner determined
by the board.
Power to regulate proceedings
20. Subject to this Part, the board may regulate its
o\
m
proceedings.
Part 4: institutional
pkznna
ng
Business plans
21. (
I
) The board must prepare business plans.
(2) The first business plan must be for a period of no less than three years and must
begin when the first financial year starts, which must be not more than six months after
the board is established.
(3)
Each subsequent business plan must be updated
mnually.
(4) The board may review and revise a business
PI:
n at any time,
and
must do so
when so directed by the Minister.
General matters to be included in business plans
22. Each business plan must be in the
form
determined by the Minister
and—
(o)
must set out the objectives of the institution:
(b)
must outline the overall strategies and policies that the institution is to follow
to achieve
the
objectives;
17?
N(I
19
I
X2
GOV:
IRNMENT
GAZE,
”I”t_ti
?6
AUGUST
1998
Act No.
36,
[99X
NATIONA[.
W’AT’E
/
ACT.
1998
(()
must
include a
slatcment
of’
the
services
v
hich
the institution expects
to
provide and
the
standards
expected
to be
achi~
ved
in providing
tbosc
services;
(d)
must include the financial and performance i
ldicators
and
targets considered
by the board [o be appropriate;
(c)
may include any other information which
the
mard
considers appropriate; and
(/)
must include any other information delermin:d by the Minister.
Financial matters
to
be included in business plans
23.
Eiich
business
plaII—
((1)
(h)
((”)
((l)
((’)
(f)
must include
a
financial
target:
must outline the overall
financiill
strategies
‘“or
the institution
setting of’ charges, borrowing. investment and purchasing
strategies:
inclading the
and
disposal
.
mLIst
include a
lorecasl
of”
(he
revenue and expenditure of’ the
inslitu(ion.
including a
Iorecast
of
’~iipitiil
expcncfiture
aIId
borrowings;
must provide
lot”
capacity
building
amongst
ts
board
menlhers
and
of]icials:
m~y
include iiny other financial
in
formati
m
which the
boiud
considers
appropriitte:
and
must include any
other
finitncial
information
determined by the Minister.
Matters to be considered in setting financial targets
24.
[n
preparing or revising a financial target.
Ik
fwmf must have
regard
t(l—
({/)
the
need
to
nlilin(ain
[be
institution’s
financi:l viability;
(b)
the
need
to maintain a
reas(mablc
ICVCI
of’
rese
“ves,
especially to provide
f’or—
(i) corrective action to redress the
resuits
oi
past
ra~iill
and
gender
discrimination in
the
use of
witter
resouces;
( ii) any
estimi]ted
t’uture
demand for the
ser~ices
of’
the institution: and
(
iii) any need to improve the accessibility
ot.
and
performance
st~ndarcfs
for.
the services provided by the institution; and
(c)
other matters determined by the Minister.
Business plans
to
be given
to
Minister
25. ( I )
When the hoard prepares or revises a business plan.
it
must immediately make
a
copy
oti
the pliln i[v:iilitble to tbe Minister.
(2) The Minister
m:ly
-
([1)
within
60 days after receiving a copy of’ a prpitred
plan:
or
(h)
within
30
days
atlcr receiving a copy of’
a
re’
ised
plan.
make
comnwnts
on the plan
to
the board.
(3)
The
board
must consult in good
ti~ith
with the
Mi
lister following communication
to it of the
Ministcl-is
commenls
and
must make any
clxinges
to tbe plan that are agreuf
upon by the Minister and the board.
(4) The Minister
miiy, from time to
time,
direct
the b
xmf
to include in. or omit from,
a business plan, any matter, including
a
financial
matter.
(5)
Bclore
giving a directive under this item, the
vtinister
must consult
wi[h
the
boiud
as to the matters to be included in
the
directive.
(6)
The
board
must comply with a directive given
Lmler
this item.
Board
to
notify Minister of significant events
26. If matters arise that
]might
prevent. or
rnaterii
[[y
afiect.
achievement of_ the
objectives of the institution in terms of’ the business
pl:
n or
financiid
targets
contilined
in
the
business plan, the
board
must immediately
notify
the Minister of the existence of
sLIch
matters.
I
74
N,).
191
X2
Gf3V
,3
RN
M13NT
GAZETTE,
26
AUGUST
1998
Act No.
36,
1998
NATIONAL WATER ACT, 1998
Institution must act in accordance with business
pl
m
27. The institution must
act
only in accordance with i s business plan, as it exists from
titne
to time, unless the Minister has directed
otherwis
?.
Minister may require information
28.
(
I ) The Minister may direct the board to give
hin
or her specific information.
(2) The board must comply with such directive.
Part 5: Monitoring and intervention
Provision of information by an institution
29. ( I ) An institution must provide the Minister
or any person authorised by the
Minister
with—
(a) the information which tbe Minister
requir
:s
on the
afTzairs
and financial
position of the institution; and
(b)
access
to
such books, accounts, documents
aid
assets of the institution as the
Minister may require.
(2) The Minister may appoint a person to investigate
~
the affairs or financial position
of an institution and recover the reasonable fees and di
;bursements
of that person from
that institution.
(3)
A board member and an employee of a board h
Ive
the same duties towards the
Minister or a person authorised by the Minister as
a[ institution has in subitem ( I),
except
to
the extent that the board member or employee
can
show that he or she is unable
to comply.
Taking possession of books, records and assets
30. The Minister or
a
person authorised by the Mini;ter may enter into the premises
of any institution and take possession of any book, record or asset of the institution
where
this is necessary in order to obtain any
inforn
Iation
to which the Minister is
entitled in terms of this Part or for the purposes of any
nvestigation
that the Minister is
entitled to conduct in terms of this Part.
Offence
31. Any institution. board member or employee of I he board who does not comply
with
items 28
to
30
or obstructs a person appointed L rider item 29(2) is guilty of an
offence
and liable on conviction to a sentence
contem~
Iated
in section 151 of the Act.
Part 6: Records and repor
fng
Financial records and accountability
32. (I) The financial year of an institution is for a 12-
nonth period determined by the
hoard.
(2) The board must ensure that the chief executive
c
fficer
of the institution
keeps—
(a) proper records and accounts of the activities, transactions and affairs of the
institution and of the board; and
(b)
any other records or accounts that are nece:sary to explain sufficiently the
financial operations and
tinancial
position of the institution.
(3)
The board and the chief executive officer of the
ir
stitution
must each do all things
necessary
to—
((J
)
ensure that all money payable to the
institutil
m
is properly collected:
(/})
ensure that all money spent by the institution is properly spent and properly
authorised:
I
76
N().
1’)182
(; OVFRNMENT GAZETI%,26AUGLJST
19[)8
Act
No.
M.
1998
NATIONAL.
WATEW.
ACT. 199X
((”)
(,/]
([’)
(i)
(,s)
ensure
that
there is adequate control overall
[.ssets
acquired
for
the
purposes
{Jf[he
institution,
or
managed
orcontrolled
b{
it;
ensure
thti[
all
liabilities incurred
cm
behalf’ of
the
institution are properly
authorised:
ensure
efficiency
and
economy of operations and avoidance of
wtiste
and
extravagance;
developand maintain
anacfequate
develop
and
maintain an adequate
budgeting and accounting system; and
financial
c!mtrol
system.
Annual report
33.
(
i
) An institution mmt. in respect
(If
each
financii:l
year, prepare an
annuiil
report
containing-
(a) a report of’ its
operiltions
during
the financial year:
(b)
fillilllCiiIl
statements for the financial
year;
MI
f
(()
il
copy of’ each directive given to it during
th:
t year by the Minister.
(2)
The
instituti(m
mus[
submit
the
report
to
the Mi
tister
not
litter
thilt)
six months
after
the
end of the financial year in question.
(3)
The
report of operations ret’erred to in subitem ( I
)(a)
must be prepared in a
form
amf
contain information determined by
the
Minister.
(4)
Tlw
fina[l~iill
statements
rclcrred
to in subitem (
I
)(/J)
must
be
consistent with
generally
accepted accounting practices and must
C(
ntain
the information and be
prepared in the manner and
for-m
determined by the Minister.
(5) Such financial
statenwn(s
must-
([I) fairly present the results of the financial
trans
wtions
of the institution during
the financial year to which they
reli]tc
ilnti
the financial position of’ the
institution
ils
at the
end
of the year: and
(h)
he
aucfi(ed
hy
a chartered ~i~~oul)til[lt appoint(d by
the
board.
(6)
The
imstituti(m
must
puhfish
its annual
rcp(wt
aI
d
make copies available at the
{)f’ficcs
of the
instituti(m
f’or
inspection and purchase by the public,
(7) The institution
must-
([I)
if
it
is a
catchrnent
management agency. table its annual report in Parliament:
or
(b)
if it is a water user
iissociatk)n,
send a
LX)py
[f
i[s
annual report to the Secretary
to
Parliament.
I
78
N().
19182
GOVERNMENT GAZETTE,
26
AUGIIST
1998
Ad
No.
36,
199t+
NA’I’IONAI.
WATER
ACT, 1998
Schedule 5
MODEL
CONSTITUTION
OF
WAI’ER
USER ASSOCIATION
lSedions
91( 1
)(~),
93(I)
and
94(2)1
Name
of
Association
1.
The
nam
of
Ik
Association is
[specify the name]
(hereinatier referred to
as
“’the
Associ[iti(m”),
Application of the National Water Act of
1998
to the constitution
2. This constitution is subject to Chapter
8
of the National Water
Act
ol
1998
(hereatim
relcrred
to
w the Act)
and
Schedule 4
to
the Act.
objects of the Association
3.
The
objects of
the
Association are— [briefly describe the objects]
Principal functions of the Association
4. The principal functions
to
be performed by
the
Association in
its
areti
of operation
ttre—
[Note: The following are options. Others may be proposed. Choose and number
your
options.]
To
~;revent
water
from
any
water
resource being wasted.
To protect
wtiler
resources.
To prevent
any
unlawful water use.
T()
remove
or
arrange
to remove any obstruction
unl~lwfully
placed
in
a
wtitercourse.
To prevent
any
unlawful
act
likely
to
reduce
the
quality of
wtiter
in my
water
resource.
To exercise
genertil
supervision over water resources.
To regulate
the
How of
any
watercourse
by—
—
cleating its channel;
—
reducing
the risk of
dumage
to
the
land in the event of Hoods;
.
chunging
a
watercourse back to its previous
c~wrse
where
it
has
been
altered
through
natur.d
ctiuses.
To
investigate
and
record-
—
the
quantity
ot’
wtiter
at
ditferent
levels
of How in
a
wtitercourse:
—
the
times
when;
and
—
the
places
where
water
may
be
used by
any
person entitled to
use
w:iter
from
a
wdler
resource,
To
conslruct,
purchase or otherwise
ticquire.
control,
operate
:Iod
mtiiotain
wtiterworks
considered to be necessary for-
—
drtiiniog
land:
and
supplying
water
10
Itmd
for
irrigation or
other
purpmscs,
To supcrviw
ancl
regul:ite
the
distribution
Jnd
use of
wtiter
from
a
water
resource
according
to the relevant
water
USC
entitlements, by
erecting
d
mtiintainin,g
devices
liJr—
—
measuring
~nd
dividing;
(Jr
—
c(m[rolling
the
diversion
ot’
the How
of
wtiter.
Ancillary functions of Associations
5. ( I )
‘lhe
Assocititi(m
nMy
pcrl’brn]
functions other than its principal functions only
it’
it
is
not
likely—
((I)
to limit the
Associ:ition’s
copaci[y
to perform its principal functions;
and
(b)
tt)
be
to
the
tin:uwial
prejudice of itself or its members.
I
80
N,).
19182
GOVERNMENT GAZEITE,
26
A[JGUST
1998
Act No.
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NATIONAL WATER ACT,
1998
(2) Other functions of the Association
may
include—
[Note: The following are options. Others may be proposed. Choose and number
your options.]
* Providing management services,
tmining
and other support services
to-
(u)
water services institutions;
and
(b)
rural communities.
*
Providing catchment management services to or on behalf of responsible
authorities.
Founding members
6.( I ) The founding members of the Association are the members whose names appear
in
Annexure
1 of this constitution and wbo have been authorised by the proposed
participants to act on their behalf in establishing the Association.
(2)
The
founding
nlembers
will, for purposes of arranging the first
deCtlOn
Of
members of the Management Committee, be considered to be the Management
Committee of the Association with powers and duties limited to arranging the election
in accordance with this constitution.
Membership of the Association
7. ( 1 ) The first members of the Association are the persons who, during the
consultation process, indicated their willingness to become members
of the Association
and whose names appear in Annexure 2 of this constitution.
(2) Application for new membership of the Association must be addressed to the
Management Committee which must, at
a
meeting of the Committee, consider an
application
and
approve it unless there is good reason to refuse it.
(3)
An association must allow
a
person to become a member of the Association if
directed by the Minister
to
do so.
(4) A member may only resign as a member of the Association with the approval
of
the Management Committee, which may not unreasonably withhold its approval.
[Note:
A reason for not accepting a resignation would be, for example, if the resignation
would detrimentally affect the Association’s ability to meet its financial commit-
ments in respect of infrastructure provided to serve the member concerned.]
Register of members
8. All members must communicate their addresses from time to time to the person
acting as secretary of the Association, who must keep a register of the names of
members and of their addresses.
Rights of members
9. ( 1 ) Membership
of
the Association does not give any member a right to any
ot’
the
moneys, property or assets of the Association, but only gives members the privileges of
membership, subject to such charges and reasonable restrictions
as
are imposed by the
Management Committee from time to time.
(~)
A member whose application for membership has been approved is bound by
the
constitution and rules of the Association which are then in force or as they are
subsequently amended.
Liability of members
10. The liability of members is limited to the amount of unpaid charges and interest
thereon owing by them to the Association.
Qualification of candidates for membership of Management Committee
11. Any member of the Association is, subject to disqualifications contemplated in
Schedule 4 to the Act, eligible for election as a member of the Management Committee.
If the Association’s area of operation is divided into sub-areas, a member will only be
1s2
N{)
19182
GOVERNMENT GAZHTE.
26
AUGUST
19’)8
,Acl
No.
M),
1998
NATIONAL
WATER
ACT,
1998
eligible
for
election
as
a
mernher
of the Management Committee
for’
the sub-area in
which
tha[
member
resides.
Nomination of’ and voting for members of Management Committee
12. Any person whose
mrme
is
on
the voters list of the Association
may
norniniile
candida[m
for
election as members of the
Mamrgernent
Committee and
may
vote
at
an
election
of members of the Committee. A person whose name appears on
a
voters list
prepared
fur
a sub-area
of”
the Association’s
area
of’ operation, will be entitled
to
nominate candidates
and
to vote only in elections for that
sub-areu.
Membership of Management Committee
[Note: The following are options. Others may be proposed. Choose and number
your options.]
13. ( I ) Option
(a)
The Management Committee of the Association will consist of
[specify the number] members,
Option
(b)
[Note: This option is additional to option
(a)
and applies where the area
of operation of the Association is divided into sub-areas.]
The area of’ operation of
the
Association will be
divided
into sub-areas as described in
Annexure
3
to this
constitution, Each area will be represented on the Management Committee on the basis
set
out in that Annexure.
(2)
Membership of the Management
Commit[ee
will be determined by an election
process in which
till
members whose names arc on the Association’s
voters
list may
participate.
(3) Option
(a)
Members will, subject to the disqualifications contemplated in
Schedule 4,
be
elected for
a
fixed term of [specify period] years.
Option
(b)
[Applies to election process only] Members will, subject to the
disqualifications contemplated in Schedule 4, be elected for a fixed term of [specify
period] years. The first election will take place
as
follows-
(i) one-third of the members elected who
stand
highest on (he poll will hold
oflice
for a period of [specify period] years;
(ii) one-third
of the members elected who
stand
next highest on the poll will hold
office
fur
a period of [specify period] years; and
(iii) the remaining members elected will hold
otlice
for
a period of’ [specify
period]
years.
If,
in any case—
(a}
no
poll is required
bectiuse
the nominations received were not
gretiter
[him
the
number of members to be
clectecf;
or
(b) two or more candidates
h:ive
received an
equal
number of votes,
the respective periods of’
office
of the members will be determined by lot
under
supervision of the returning officer.
(4)
If
a vacancy
occurs
on
the
Management Commi[tw, the vacancy must be filled
according to this item, provided
thtit
the member must be
elected
for
a
peri(xl
equal to
the
rem:iinder
of the
period
for which the
member
who
has
vacated the
office
would
otherwise
have
continued in
oflicc.
(5) At least
30
days’
notice
of
an
election must be given
lo
all
members
of’
the
Association.
Appointment of chairperson and deputy chairperson
[Note:
The following are options. Others may be proposed. Choose and number
your options.]
14.
( I ) option
(a)
After
the election of the Management Committee
tbe
members of
I M
N{).
19182
GOVERNMENT
GAZE’I”IE
26
AUGUST
1998
Ad
No.
36,
1998
NATIONAL WATER ACT, I
Hi
that
Committee
must
elect
ti
chairperson
and
deputy
chairperson ofthe Association from
amongst
their
nwmbers.
The Management Committee
may
appoint any
person
to chair
the
proceedings
for
(hat
purpose.
option
(b)
(
1
)
Aficr
the
election of the
Mantigement
Committee the members
of
the
Associati[m
must
elect
u
chairperson
und
u
deputy chairperson
of
the Association from
amongst
the
elected members of the Management Committee. The members of the Association
m:iy
appoin[
any
person to chair the proceedings for
thirt
purpose.
(2)
The
chairperson
and
deputy chairperson hold office
for
a
period of’ 12 months
from the
date
of
their election
and
may be
re-elected.
(3)
When the period 01
oflice
of’
a
chairperson
or
deputy chairperson expires,
thtit
person
will, provided that he or she remains
a
member of the Association, remain in
ottice
until the next meeting
O(
the Management Committee.
(4)
A new chairperson and deput y chairperson
of
the Management Committee will be
elected annually. Should
any
of these
ofiices
be
vacated
before the term expires, the
office
must be tilled immediately according
(o
the procedure set out in this item.
Voter’s list
15. ( 1 ) The founding members of the Association must select a person to prepare a
voters list for the
tirst
election of members of the Management Committee. The voters’
list must
show—
(a)
the
names
of
all
members included in Annexure
2
to this constitution and,
where appropriate, the
name
of
a
member’s uncredited representative;
(b)
piirticukrrs
of each member’s entitlement to
wtiter
use; and
(c)
the number of’ votes
a
member is entitled to.
(2) If the Association’s area of operation is divided into sub-areas, the voters’ list
must also be divided into subareas and the particulars referred to in subitem ( I ) must be
shown under the respective subareas.
(3)
The number of
vo[es
will
be
determined on the following
basis—
[Note: The following are options. Others may be proposed. Choose and number
your options.]
Option
(a)
(lne vote per entitlement to water use.
Option
(b)
A pro-rota number of’ votes in proportion to the quantity
of
water authorised
under
a
particular entitlement,
compirred
to the total quantity of
water
under
all
o!’
the
entitlements registered with the Association. In this calculation all fractions
must
be
rounded
oft’
to the next higher figure.
Option
(c)
A pro-rata number of votes in proportion to the quantity of water authorised
under
a
particular entitlement, compared to the
tottil
qwmtity
of water under all the entitlements
registered with the Association. In this calculation-
(i) all fractions must be rounded off to the next higher figure; and
(ii) no member will be awarded more than 10 votes.
Option
(d)
One vote for every
tive
hectares or part of five hectares of land that can be irrigated in
terms
of a member’s entitlement.
Option
(e)
one vote for every
iive
hectares or part of five hectares of land that can be irrigated in
terms
of a member’s entitlement, provided that no member will be awarded more than
1
()
voles,
(4)
If the entitlement to use water is not in the mtme
of
a
natural person,
the
holder
must nominate
an
occreditcd
representative whose name must appear on the voters’ I ist
and who may exercise the vote.
(5) If’
the
entitlement is in
the
name of two or more
persot;s
they must designate one
of’ their numbers to represent them and that person’s name must appear on [he voters” list
and
he
or
she
may exercise the vote.
(6) The voters’ list must annually be revised by the Management Committee
and
also
whenever there is an amendment to the Association’s area of operation.
I
X(l
N().
19[X2
(;C)VE
<NMENT
GAZETTE,
26
AUGUST 1998
Act No.
36,
1998
NAT1ONA1.
WATH
ACT.
1998
Appointment of employees
[Note:
The appointment of a Chief Executive Officer for the Association is dealt
with in Schedule 4 to the Act. ]
16. ( I ) The Management Committee may employ such persons
us
it considers
necessary to perform
the
Association’s functions under this constitution.
(2) The appointment
of employees or
any
change
in their conditions of’ service must
be approved by resolution of’ the Management Committee.
(3) All employees
of the
Associutiun
will
remain
in
~
lflice
despite any
change
in the
composition and membership of the Management
Com
nittee.
Raising of loans
17. ( I ) The Management Committee may raise by
way
of’ loans. including bank
overdrafts, any funds required by it for
the
purpose
of”
c.lrrying
out
any
of’ its functions
under this constitution or the Act.
(2) Whenever the Management Committee
propose; to raise a loan. it must give
notice
in writing of’ its intention, setting out details of’ the proposal. The notice must
be
given to every member of’ the Association not less than 21 days
before
the
date ot the
meeting of’ the Committee at which
the
proposal
will
be
considered.
(3)
No loan may
be
raised without a resolution
o
the
Management
Cotnmittee
passed at a meeting at which not less that two-thirds
of he members 01 the Committee
are present.
Charges and the recovery of charges
18.
( I )
For the purpose
ofdefraying
any expenditure
tk
at the Management
Cmmmittee
has lawfully incurred or may lawfully incur in carrying out its functions and duties it
may
tinnually
tissess
charges on members according to
tbe
pricing strategy
f’or
water
use
set by the Minister.
(2)
The Management Committee may recover the
ch
lrges
assessed from either—
((~)
the owners of the land concerned; or
(b)
any person to whom water is supplied on the and.
(3) Whenever the Management Committee has assessed a charge, the Committee
must prepare an assessment roll setting
forth-
(a) the name of each member liable
to
pay
charg~s;
(b)
a description of the piece of
land,
which may b: a specially delineated area, in
respect of which the
charge
is assessed;
(c)
the quantity of water or abstraction time period to which the member is
entitled;
(d)
the amount of the charge assessed;
(e)
the date or dates on which payment is due
am
the amount due on each date;
and
(H
the rate of interest payable on non-payment
ar
d the effective date of interest.
(4) A copy of the assessment roll must lie open for inspection in the
otfice
of the
Association at all reasonable times by any member
of
tl
e Association.
Annual Report
[Note: The following are options. Others may be
pr
)posed.
Choose and number
your options.]
Option
(a)
19. The procedure as set out in Schedule
4
to the Act applies.
[Note: This option is only recommended for use
b.~
well-established irrigation
boards with a large membership and which are transformed into water user
associations after promulgation of the Act.]
Option
(b)
The Management Committee must.
within three
i
nonths
after the end of the
Association’s financial year, convene a general
meetinf
of’ members and must at the
meeting—
(i) table an audited financial statement of the
l.ssociation’s accounts for the
preceding financial year, including
full
particulars of any remuneration paid
by the Association to members of the
Managen
ent Committee and employees
of
the
Association; and
188
No
191X2
G(3VI
IRNMENT
GAZETTE,
26
AUGUST
1998
Act No.
36,
1998
NATIONAL
WATE7
ACT, 1998
(ii) give an account to the members of its activit es during the
year,
Winding up
[Note: The following are options. Others may be proposed. Choose and number
your options.]
Option
(a)
20. (
1
) The Association may be dissolved by a
resollltion
passed at a special general
meeting
held
for that purpose, provided that—
(i) the resolution is
passed
by a majority of
(w(
-thirds of the members present
and entitled to vote at the meeting; and
(ii) the resolution is confirmed at a further
specill general meeting held not less
than four weeks after the preceding special general meeting by a majority vote
of’ members entitled to vote thereon.
(2) A meeting passing a resolution referred to in subitem ( l)(i) of this constitution
may also pass resolutions by a majority vote
fo-
((/)
the appointment of a liquidator; and
(b)
the disposal of surplus funds and assets of
tle
Association after winding up
and after the payment of all debts and
obli.gati
ms
of the Association. provided
that any surplus assets may only be transferred to an Association or institution
with objects similar to those of the
Associati(m.
or to the Minister.
Option
(b)
The
aff’airs
of the Association will be wound up by a person appointed by the Minister
in accordance with any directives given by the Minister, and subject to section
97
of the
Act.
LIST OF FOUNDING MEMBERS
ANNEXURE 1
(In alphabetical order)
LIST OF MEMBERS
ANNEXURE 2
(In alphabetical order)
DESCRIPTION OF SUB-AREAS AND REPRESENTATION IN MANAGE-
MENT COMMITTEE
ANNEXURE 3
190
N,)
1°
I
X2
G(3V
;RNMENT GAZETTE.
26
AUGIIST
1998
Act No.
36,
1998
NATIONAL WATER ACT.
1998
Schedule
6
WAI%R
TRIBUNAL
[Section 148(4)]
Part I: Water Tribunal
me)nbet-s
Terms of office of members
1. ( I )
A member
of’
the
Walter
Tribunal is appointed
bra
period of’ office determined
by the Minister, which may not exceed four years.
(2) A member may be
re-appointed.
Disqualification of members
2. No person may hold
oflice
as a member of the
W
lter
Tribunal-
(a)
if that person is an unrehabilitated insolvent or
(b)
if that person has heen convicted of any
offence
involving dishonesty or has
been sentenced to imprisonment without the option of a fine. A
disqualifica-
tion
under this subitem ends three years afte. the sentence has been served.
Nominations for appointment to Water Tribunal
3. (
1
) Whenever necessary, the Minister must request the Judicial Service
Commission
to—
(a) publish a notice in the
Grzerfe
calling for
no]ninations
for appointment to the
Water Tribunal; and
(b) consider what further steps, if any, are
apprxq
lriate
to
bring the contents of the
notice to the
uttention
of interested persons, and take those steps which
the
Commission considers to
be
appropritite.
(2) A notice in terms of subitem ( 1 )
mmst
set out,
i]
general terms.
at
least—
(a)
the activities of the Tribunal;
(b)
the time commitments reasonably expected “rem members of the Tribunal;
(c)
the term of ottice for which appointments w
11
be considered;
(d)
the criteria for
disqualifictition
as a member-;
(e)
the requirements with which a nomination must comply;
(f)
the date by which nominations must be subrlitted, which may not be earlier
than
30
days after publication of the notice; md
(g)
the address to which nominations must be
S(
nt.
(s) Every nomination of a person for appointment
t{)
the Tribunal must be signed by
a proposer and a seconder, neither of whom
may
be th: nominee, and must contain the
nominee’s signed acceptance.
(4) The Judicial Service
Commission-
(a)
must consider all
valid
nominations received before the date contemplated in
subitem
(2)(f);
(/2)
may prepare
a
short list of nominees:
({)
may
interview all short-listed nominees: and
(A)
must make recommendations
to
the Minister on the appointment of members
of the Tribunal.
(5)
In
recommending a nominee
for’
appointment the Judicial Service
Cornrnission
must
consider-
(a)
the criteria set out in section 146(4) of the Act;
(h)
the reputation and integrity of the nominee:
md
(() any conflict of’ interests which
the
nominee
]
nay have.
(6) The Judicial Service Commission must recomm
md
a candidate for appointment
for every vacancy, including that of chairperson or depu
[y
chairperson. where necessary.
[
~~
N(,
19182
(iOVt?
7NMENT
GAZETTE.
26
AUGIJST
1998
Act
N().
M,
IYM
N/\lloNAI.
WATE~
ACT.
1998
(7) The Department
inusl
pay all
costs-
([/)
rekrting
to
the
publication of’ notices in terms of
suhitcm
( I):
and
(b)
incurred by the Judicial Service Commission in the
perf[mnwrce
of its task.
Termination of office of members
4. ( I ) A member
of
the
Water Tribunal ceases
to
hold
office—
([/)
from the
etyective
date
of’ the member’s resignation;
(b)
if
the member is
uhsent
without
leave
f’:wm
the chairperson
on
two
consecutive sittings
of’
the Tribunal at which the member’s presence is
required. Leave
]may
be
gmnted
retrospectively if the absence of the member
wm
due
to
unforeseen circumstances:
(c}
if the member
has
become
disqualified in
terl
M
of item
2;
(d)
if the member
hiis
been declared
to
be
of
I
nsound
mind by a competent
authority; or
(c)
if the member’s appointment
hzs
been terminated in terms
of
section
146
of
the Act.
(2) A member who is not the chairperson must
notify
the chairperson of his or her
resignation. The chairperson must notify the Minister
oi
his or her own resignation and
the resignation
of any other member.
Part 2: Lodging and hearing
of appeals
md
applications
Lodging of appeals and applications
5. ( I ) An
appeal
to the Water Tribunal under
sectiori
148(
I
)
and
an application for
determination of compensation must be commenced by serving a copy of a written
notice of appeal or application on the relevant responsible authority or
catchment
management
agency
and lodging the original with the
‘“’ribunal.
(2) The Tribunal may, for good reason. condone th: late lodging of an appeal or
application.
(3)
A responsible authority or a catchment
mana},ernent
agency against whose
decision
or
offer an
appeal
or application is lodged must within a reasonable time—
(a) send to the Tribunal all documents relating
t)
the matter, together with the
reasons
for
its decision; and
(b)
allow the appellant
or
applicant
and
every party opposing the appeal or
application
to
tnake
copies of the documents
.md
reasons.
Hearing of appeals or applications by Water
Tribun,d
6. ( I ) An appeal or application before
the
Water
Tri renal must be heard by one or
more members, as the chairperson may determine.
(2) A party to an appeal
m application maybe represented by a person of that party’s
choice.
(3)
Appeals and applications
to
the Tribunal take the form of a rehearing. The
Tribunal may receive evidence, and must give the
appell
mt
or applicant and every party
opposing the appeal
or
application an opportunity
to
pr :sent their case.
(4) The Tribunal must keep minutes containing a
slmmary of the proceedings of
every hearing.
Subpoenas and evidence
7. (
1
) The Water Tribunal
may—
(a)
subpoena for questioning any person who m
~y
be able to give information
relevant to the issues; and
(b)
subpoena any person who is believed to
hav~
possession or control of any
book, document or object relevant to the issue;, to appear before the Tribunal
and to produce that book, document or object.
(2) A subpoena must be signed by a Tribunal
memb
jr
and must—
(a)
specifically require the person named in it to
~ppear
before the Tribunal;
(/7) state the date, time and place at which the
pel
son must appear; and
(() sufficiently identify any book, document or object to be produced by that
person.
(3)
The law relating
to
privilege, as it applies to
i
witness subpoenaed to give
I
y~
N,).
191 X2
(GOVERNMENT GAZETTE.
26
AUGUST
1998
,icl
N{).
36,
1998
NATIONAL.
W.JW’ER
ACT, 199X
evidence or
[o
produce any
book,
document or object before
a
court
of’
law,
applies to the
qucs(ioning
of’
my
person
and
(o
[he
production
of’
any
book,
document
or object in
lerms
of this
item.
(4) The
party
at
whose request
a
subpoena was issued must pay witness fees, travel
and
subsistence allowances
to
u
person
subpoen~ied
10
appear before the Tribunal,
M
the
applicable High Court
scale.
(5) The Tribunal
mtiy
administer
an
ct]lled
or subpoenaed to give evidence.
Contempt
of’
the
Water
Tribunal
oath
or
uccept
an
a!lirmation
from any person
8.
( 1 ) A person commits contempt of the Water
Tribuna-
((1)
(b)
(c)
(d)
((?)
u)
(g)
if, after having been subpoenaed to
appetir
before the Tribunal, the person
without good
ctiuse
does not
uttend;
if the person, without good
cause,
fails
to produce
any
book, document or
object specified in
u
subpoena;
if,
after having appeared in response to
a
subpoena, the person
l~ils
to remain
in attendance until excused by
tbe
Tribunal;
by refusing to take the oath or to make
an
ollirrntition
as
a
witness
when
the
Tribunal so requires;
by refusing to answer
wry
question fully
and
to the best of that person’s
knowledge
and
belief, but subject to item 7(3);
if during the proceedings, the person
behaves
improperly; or
if the person prejudices or improperly influences the proceedings
of
the
Tribunal.
(2) The Water Tribunal retry refer any contempt to a High Court. A High Court may
make an appropriate order.
Decisions of the Water Tribunal
9. ( I ) The
Water
Tribunal must give its decision in writing. A majority decision of
members hearing a matter (if the matter is heard by more than two members) constitutes
a
decision of the Tribunal.
(2) The Tribunal must,
at
the request of any
party
and within a reasonable time, give
written reasons for its decision on any matter.
I
oh
N(I
19182
GOVERNMENT GAZETfE, 26 AUGUST
1998
Act
No.
36, 1998
NATIONAL WATER ACT, 1998
Schedule 7
ACTS REPEALED
[Section 163(
l)]
Number and year of
Act
Short title
Extent
of repeal
I
Ac(
No.
32
uf
1914
Har[ehee}tpocnt
Irrigation Scheme
(Crucodlle
River)
The whole
Act.
1914
Act
No
40
of
1916
Mupnchs
Grunden
Water
and
Commmuige
Act,
1916
The
whole
Act
N(I.
2.301
191X
Ilartebeestpoort
lrmgatinn
Scheme
(Acquisition of The
wh~)lc
land)
,4c1,
1918
Act
N,).
II of
1919
Ripm-ian
Lund
(Erven
imd
Commnmtges)
Ac[.
1919
The
whole
Act
No. 13 of
191°
The
Bcxlfbrd
Ackfi(iomrl
Wttfer
Supply (Private) Act.
The
whole
loll)
Act
Nt).
14[)f
1919
R;md
Mines
P{~wer
Supply
Compmry
Wuter
Supply
The
whole
(Priv~[e)
Act.
1919
Act No.
24
of”
1921
Drsrhml
Wittcrw,wks
Consnlidti[ion
(Priva!e)
Act,
192
I
The
whole
Act
N{,.
14
of 1923
Maptwh.
(hnnden
Water
m)cl
f70nmmnagc
Act
Amend-
The whole
mcn[
Act.
1923
Act
No,
14
Ot’
1925
Etrenc/cr
(Vim
Rhynsdorp)
Exchange
(11
Lmsd
Act, 1925 The
whole
Ac(
No.
15
(>!
1925
Sundays River Settlements
Acfminist!-a[iorr
Ac(,
1925
The whole
Ac(
N[).
4 of 1926
Br;mdvlci
Land
and irrigation
Worhs
Act,
1926
The whole
Act
No. If) of
1926
Winterton
lrrigatifm
Settlement (
Local
Board
of Man-
The whole
isgementj
Act.
1926
Act No. 15
nf
1929
Pre[t)ria
Wfi[erworhs
(Private) Act, 19’29
The
whole
Act No.
18
of
19?9
Rwrd
Mines
Power Supply
Cumpwry
Addi(iomd
Water The
whole
Supply (Private) Act, 1929
Act
No.
2
I of 1929
Irrigation Loans Adjustment Act, 1929
The whole
Act
No,
41 of 1930
[rrigation
Districts Adjustment Act. 1930
The whole
Act No.
10
of 1932
Marico-BosvehJ
Irrigation Scheme Act, 1932
The whole
Ac[
No.
13
of
1932
Mafeking
W~terworks
(Private)
ACI,
1932
The
whnle
Act No.
20
of 1933
Frimschoek
Water
(Priv~te)
Act, 1933
The whole
Act No. I I nf
t934
Irrigati(m
Districts Adjustment (Amendment) Act, 1934
The whole
Act
No.
38
of 1934
Vaal
River
Dc!veloprnent
Scheme Act, 1934
The
whole
Act No.
38
of 1935
Kopjes
Irrigation Settlement Act, 1935
The
whole
Act
No. 39 of
1935
Vyfhoek
Management Act, 1935
The whole
Act No. I
Of
1936
Vyfhnek
hlamrgemen[
Amendment Act. 1936
The whole
Act No
4
of 1937
Vairl
River Development Scheme
(Amendnwn!
)
Ac(,
1937
The
whole
Act
No. 16 of 1937
Uitenhage
(Gmendal)
Water
(P[-ivate)
Act,
1937
The
whole
Act No. 19
nf
1937
Mapochs
Gronden
Amendment Act, 1937
The
whole
ACI
No 20 of 1937
The
D.rbun Waterworks
(Privtite)
Act.
1937
The
whole
Act
No.
15
of 1939
Cannon
Island
Settlement
Mmragenwm~
Act,
1939
The whole
ACI
N().
10
of
1943
Oliphaots
River
Irrigatlurr
Works
Act,
1943
The
whole
Act
No.
18
of
1944
Vhal
River Development Scheme
(Anwndmcn[)
Act,
The whole
I
944
Act
No,
?
I
of
1944
lrrlgotiml
Districts
Acfjustmen[
Act.
19-M
The whole
Ac[
N{).
I I
(,f
1945
The
Durban Waterworks ( Private)
Act
Amendment
The
whole
( Private)
Ac[,
1945
Act
No,
23
of
1945
Salckmha
Bay
Water
Supply
Act.
1945
The
whole
Act
N{~.
37
of 1946
N’Jelcle
Irrigation District Adjustment
Act.
1946
The whole
Act
N{)
?3
of 1947
Kllncfrift
Sculernent
Act. 1947
The whole
Act
N[~.
24
ot”
1947
Skanskop
Settlement Act.
1947
The
whnle
ACI
N{)
37
of 1947
V)
lhuel.
Management
Anwndmcnt
Act,
1947
The
whole
Act
N(~.
5 of
19-IX
The
Ourban
Waterworks (
Privtitc)
Act Further Amend-
The whole
ment
(Privlte) Act,
1948
]
OS
No.
1°182
GOVERNMENT GAZETTE,
26
AUGUST
1998
Act N(). 36,
1998
NATIONAL WATER ACT,
1998
Number
id
year
01
\ct
Short
title Extent
nf
repeal
AL’1
No
2
I
()(
l~Mx
Vaal
River
Dcvelupnmn~
Scbcme
Amendment Act,
The
whole
I
(J.~x
Act
N(),
22
of
1948
Ilartebc!cstprmr[
Irrigation Scheme
(Crc)ctxlilc
River)
The
whole
Amendment
ACI.
1948
Act
N,).
31
I)f’
1948
Brrlf’clspoorl
irrigation
Scheme
Ac’(,
19.$X
The
whole
Act
N{). 7 of
1949
l[-rigullon
Comn)lssion
Repeal
Act,
1949
The
whole
Ac(
NI).
24
uf
1949
fhpm)rt
irrigation
Scheme
Act,
1949
The
whole
Act
N(), 34011949
Irrigtition
Amendment Act, 1949 The
whole
ACI
No.
17
of
!950
RmId
Wa(er
fhrd
Statutes
(
Pnvatc
)
Act,
1950
The
whole
Ac[
No.
23
UI
1950
Olllantsnek
Irrig:ltion
District Adjustment
Ac(,
1950
The
whole
Act
Nu.
24
of 1950
Breede
River
Conwrvotion
District Adjustment Act,
Tlw
whole
i
950
Act
N().
18
of 1951
Kopjes
lrrigatiun
.%ltlcmerrt
Amt!ndmcn~
Act.
1951
The
whole
Act No.
4.3
of
19S
I
Sahkmhtr
f3ay
Wtiter
Supply
Amencfmen[
Act,
195
I
The
whole
Act
No. 6 of
1952
Southern Suburbs of Cape
Tuwn
Water Supply Ad
The
whule
Anwndnwn~
(Privfitc)
Act,
1952
Ac(
N(), 7 of
1952
The
Durbdn
Waterworks Additional Borrowing Powers
The
whule
(Private)
ACI,
1952
Act
N().
2
ut’
1953
I.ichtenburg
Wfi(erwurhs
(Priwrte)
Act,
1953
The
whole
Act No.
37
of 1954
Mooi
River
Distric(
Adjustment Act, 1954 The
whule
ACI
N().
42
of 1954
Mupochsgrrmde
Irrigation
Scheme
Act. 1954
The whole
Act
Nu.
31
of 1956
lrrigaliun
District.
Adjustnwnt
Act, 1956 Tbe
whole
Act
N().
54
of” 1956
Water Act, 1956
Tbe
whole
Act No. 45 of 1957
Hxrtcbeestpm)rt
Irrigation Scheme
(Crucodile
River)
The whole
Anwmhnent Act. 1957
Act
No. 75 uf 1957
Water
Amendment Act, 1957
The whole
Act
Nu.
36
of 1960
Durban Waterworks
(Private)
Act,
196(1
The
whole
ACI
No,
59 of
196f)
Mtrricu
Brrsvcld
lrriguticm
Scheme
Amendment
Act.
The whole
1960
Ac(
Nu,
I
of
1961
Vyfhoek
Mtmagement Amendment Act. 196 I
The
whole
Ac[
No. 56
of’
196
I
W~kv’
Amendment Act,
1961
The
whole
4
I
Act No. I of 1962
Cwnwn
Island
Settlement Management Amendment
The whole
Act. 1962
I
Act No. 50 of 1963
Klipch’it’t
Settlement Amendment Act, 1963 The
whole
Act N(). 63
of 1963
W~wr
Amendment Act,
1963
‘rhc
whole
Act N(). 75
of
1963
Northern
Vyfht)ck
Sclllemcnt
Adjustment Act, 1963
m
whole
ACI
No.
29
of’
1964
KMNI
Waler
Board
Sta[utes
(P[-iv~te)
Act,
Amendment
‘rhc
whole
Act,
1964
Acl
No.
35
of
1964
Kopjcs
ll-l-igati(m
SeItlcnwnt
Adjustmem
Act,
1964
The
WIN)IC
Act
N().
36
of
1964
C)lifants
Riw
(Oucftshoorn)
Act, 1964
Tbc
W]lOIC
Act
N().
28
of 1965
Great
Fish
River Irrigation Di\trict Adjustment
Amend-
The
whole
ment Ac(, 1965
Act
N().
71
of 1965
Water
Amendment
ACI,
196S
The whole
Act
N().
I
I
of 1966
Wa[cr
Amendment Act. 1966
The
WbOk
Aci
No.
53
of 1966
Romfcpourt
and
Wel(evreden
Agriculluml
Settlements
The whole
Acljwstments
ACI,
1966
Ac[
N,).
71 of 1967 Vaal
River
Developnwlt Scheme Amendment Act,
Tbe whole
1967
Act No.
73
ut’
1967
Ma
fchirrg
Waterworks (Priviue) Amendment Act, 1967 The whole
Act
N(),
79 of 1967
Water
Amendment Act,
1967
The whole
Act
N{).
34
of 196X
Wawrval
River
(
Lycienhurg)
Act,
1968
The whole
3)()
N(),
19182
GOV’:RNMf3NT
GAZETTE,
26
A(JGUST
1998
Act No.
36,
1998
NATIONAL
WATF
R ACT, 1998
Number and year of Act
Short title Extent of repeal
Act
No.
53
of 1969
Rand Water Board Statutes (Private)
Act
Amendment
The whole
Act,
1969
Act
No. 77 of 1969
Water Amendment Act, 1969
The
whole
Act No. 78 of 1969
Orange River Development Project
~
\ct, 1969
The whole
Act No, 68 of 1970
Van Wyksvlei Settlement Regulation Act, 1970
The whole
Act No. 36 of 1971
Water
Amendment Act, 197
I
The whole
Act No.
31
of 1972
Rand Water Board Statutes (Private) Act Amendment
The whole
I
Act No.
105
of 1977
Vaal
River Development Scheme Ar
Iendmenf
Act,
The whole
t
Q77
I
Act No.
108
of 1977
Water Amendment Act. 1977
Act No.
34
of’
1978
=
Irrigation Districts Adjustment
Amel
dment Act 1978
Act
No.
73
of
!978 Water Amendment Act, 1978
Ac(
No.
5
I of
1979
Water Amendment Act,
1979
Act No. 92 of 1980
Water
Amendment Act, 1980
Act No. 8 of 1982
-
Rand
Water Board Statutes (Private) Amendment Act,
1982
Act No. I I of 1982
Vaal
River Development Scheme Ar\endment Act,
The whole
~“
.9
The whole
Sections
7,
8 and
AcI
No. 110 of 1986
W~ter
Amendment Act, 1986
The
whole
Act
No.
68 of 1987
Water Amendment Act, 1987
The whole
Act No.
37
of 1988
Water Amendment Act, 1988
The whole
Act No. 38 of 1988
Water Act
(Bophuthatswana),
1988
The whole
Act No. 40 of 1988
Rand Water Board Statutes (Private) Act Amendment
The whole
Act, 1988
Act No.
36
of 1990
Rand Water Board Statutes (Private) Act Amendment
The whole
Act, 1990
Act
No.
68 of 1990
Water Amendment Act, 1990
The whole
Acr No. 160f 1991
Water Amendment Act, 199 I
The whole
Act No. 92 of 1993
Water Amendment Act, 1993
The whole
Act No. 32 of [994
Water Laws Rationalisation and
Amc;dment Act, 1994
The whole
Act
No.
51
of 1995
Water Amendment Act, 1995
!’
The whole
Act No. 58 of 1997
Water Amendment Act, 1997
The whole