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

Chapter 4 : Use of Water

Part 6 : General authorisations

39. General authorisations to use water

 

(1) A responsible authority may, subject to Schedule 1, by notice in the Gazette
(a) generally;
(b) in relation to a specific water resource; or
(c) within an area specified in the notice,

authorise all or any category of persons to use water, subject to any regulation made under section 26 and any conditions imposed under section 29.

 

(2) The notice must state the geographical area in respect of which the general authorisation will apply, and the date upon which the general authorisation will come into force, and may state the date on which the general authorisation will lapse.

 

(3) A water use may be authorised under subsection (1) on condition that the user obtains any permission or authority required by any other specified law.

 

(4) Before issuing a general authorisation, the responsible authority must—
(a) publish a notice in the Gazette
(i) setting out the proposed general authorisation; and
(ii) inviting written comments to be submitted on the proposed general authorisation, specifying an address to which and a date before which 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 notice to the attention of interested persons, and take those steps which the responsible authority considers to be appropriate; and
(c) consider all comments received on or before the date specified in paragraph(a)(ii)

 

(5) An authorisation to use water under this section does not replace or limit any entitlement to use water which a person may otherwise have under this Act.