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

Chapter 4 : Use of Water

Part 2 : Considerations, conditions and essential requirements of general authorisations and licences

28. Essential requirements of licences

 

(1) A licence 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 licence period, which may not exceed forty years; and
(f) the review periods during which the licence may be reviewed under section 49, which must be at intervals of not more than five years.

 

(2) Subject to subsection (3), restriction, suspension or termination in terms of this Act and review under section 49, a licence remains in force until the end of the licence period, when it expires.

 

(3) Subject to subsection (4) and notwithstanding section 49(2), a responsible authority may extend the licence period of a licence if this is done as part of a general review of licences carried out in terms of section 49.

 

(4) An extension of a licence period contemplated in subsection (3) may only be made after the responsible authority has considered the factors specified in section 49(2) and all other relevant factors, including new applications for water use and has concluded that there are no substantial grounds not to grant an extension.

 

(5) An extension of a licence 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 licence period of a licence is extended in terms of subsection (3), the licence may, in respect of the period for which it is extended, be issued subject to different conditions which may include a lesser permitted water use.