National Water Act, 1998 (Act No. 36 of 1998)

Chapter 15 : Appeals and Dispute Resolution

Purchase

(1)	There is an appeal to the Water Tribunal —

(a)	against a directive issued by a catchment management agency under section 19(3) or 20(4)(d), by the recipient thereof;

(b)	against a claim by a catchment management agency for the recovery of costs under section 19(5) or 20(7) by the person affected thereby;

(c)	against the apportionment by a catchment management agency of a liability for costs under section 19(8) or 20(9), by a person affected thereby;

(d)	against a decision of a water management institution on the temporary transfer of a water use authorisation under section 25(1), by a person affected thereby;

(e)	against a decision of a responsible authority on the verification of a water use under section 35 by a person affected thereby;

(f)	subject to section 41(6), against a decision of a responsible authority on an application for a licence under section 41, or on any other application to which section 41 applies, by the applicant or by any other person who has timeously lodged a written objection against the application;

[Paragraph (f) amended by section 4(a) of Act No. 27 of 2014]

(g)	against a preliminary allocation schedule published by a responsible authority under section 46(1), by any interested person;

(h)	subject to section 41(6), against the amendment of a condition of a licence by a responsible authority on review under section 49(2), by any person affected thereby;

[Paragraph (h) amended by section 4(b) of Act No. 27 of 2014]

(i)	against a decision of a responsible authority on an adjudication of claims made under section 51(1), by any person affected thereby;

(j)	against a directive issued by a responsible authority under section 53(1), by the recipient thereof;

(k)	against a claim by a water management institution for the recovery of costs under section 53(2)(a), by the person against whom the claim is made;

(l)	against a decision by a responsible authority on the suspension, withdrawal or reinstatement of an entitlement under section 54, or on the surrender of a licence under section 55, by the person entitled to use water or by the licensee; and

(m)	against a declaration made by, directive given by or costs claimed by the Minister in respect of a dam with a safety risk under section 118(3) or (4).

(2) An appeal under subsection (1)—

(a)	does not suspend a directive given under section 19(3), 20(4)(d) or 53(1); and

(b)	suspends any other relevant decision, direction, requirement, limitation, prohibition or allocation pending the disposal of the appeal, unless the Minister directs otherwise.

(3) An appeal must be commenced within 30 days after—

(a)	publication of the decision in the Gazette;

(b)	notice of the decision is sent to the appellant; or

(c)	reasons for the decision are given,

whichever occurs last.

(4) The procedure for lodging, hearing and deciding—

(a)	an appeal under subsection (1); and

(b)	an application for the determination of compensation under section 22, is contained in Part 2 of Schedule 6.

(5) The chairperson may make rules which—

(a)	govern the procedure of the Tribunal, including the procedure for lodging and opposing an appeal or an application and the hearing thereof by the Tribunal;

(b)	may provide for application or appeal fees payable by a claimant or appellant and

(c)	must be approved and published in the Gazette by the Minister.