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National Water Act, 1998

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To provide for fundamental reform of the law relating to water resources; to repeal certain laws; and to provide for matters connected therewith.

 

Last update: November 2023


Copyright: This Act reproduced under Government Printers Copyright Authority 10154 dated 20 March 1996


Disclaimer: This Act is presented "as is". Please read our Disclaimer before continuing.


 

Latest Developments:

 

The National Water Act, 1998 (Act No. 36 of 1998) has been updated with the Transformation of Egmont Irrigation Board into Vanstadensrus Water User Association in terms of Section 98(6) of the Act, as per Notice No. 4086 of GG49720, dated 17 November 2023.

 

The National Water Act, 1998 (Act No. 36 of 1998) has been updated with the Transformation of uMzikhulwana Irrigation Board into uMzikhulwana Water User Association in terms of Section 98(6) of the Act, as per Notice No. 4085 of GG49720, dated 17 November 2023.

 

The National Water Act, 1998 (Act No. 36 of 1998) has been updated with the Transformation of Pholela Irrigation Board into Pholela Water User Association in terms of Section 98(6) of the Act, as per Notice No. 4084 of GG49720, dated 17 November 2023.

 

The National Water Act, 1998 (Act No. 36 of 1998) has been updated with the Transformation of Mvoti Irrigation Board into Upper Mvoti Water User Association in terms of Section 98(6) of the Act, as per Notice No. 4083 of GG49720, dated 17 November 2023.

 

The National Water Act, 1998 (Act No. 36 of 1998) has been updated with the Transformation of Mooi River Irrigation Board into Mpofana Water User Association in terms of Section 98(6) of the Act, as per Notice No. 4082 of GG49720, dated 17 November 2023.

 

The National Water Act, 1998 (Act No. 36 of 1998) has been updated with the Transformation of Underberg Irrigation Board into Underberg Water User Association in terms of Section 98(6) of the Act, as per Notice No. 4081 of GG49720, dated 17 November 2023.

 

The National Water Act, 1998 (Act No. 36 of 1998) has been updated with the Transformation and Amalgamation of Vyeboom & Houtveld Irrigation Board into Vyeboom Water User Association in terms of Section 98(6) of the Act, as per Notice No. 4080 of GG49720, dated 17 November 2023.

 

The National Water Act, 1998 (Act No. 36 of 1998) has been updated with the Transformation of Buffelsjagriver Irrigation Board into Buffelsjagriver Water User Association in terms of Section 98(6) of the Act, as per Notice No. 4079 of GG49720, dated 17 November 2023.

 

The National Water Act, 1998 (Act No. 36 of 1998) has been updated with the Transformation of Smalblaar Irrigation Board into Smalblaar Water User Association in terms of Section 98(6) of the Act, as per Notice No. 4078 of GG49720, dated 17 November 2023.

 

The National Water Act, 1998 (Act No. 36 of 1998) has been updated with the Transformation of Cogmanskloof Irrigation Board into Cogmanskloof Water User Association in terms of Section 98(6) of the Act, as per Notice No. 4077 of GG49720, dated 17 November 2023.

 

The National Water Act, 1998 (Act No. 36 of 1998) has been updated with the Disestablishment of Hoeko Irrigation Board in Western Cape Province, as per Notice No. 3983 of GG49518, dated 20 October 2023.

 

The National Water Act, 1998 (Act No. 36 of 1998) has been updated with the Transformation of Ngwagwane Irrigation Board into Ngwagwane Water User Association in terms of Section 98(6) of the the Act, as per Notice No. 3982 of GG49518, dated 20 October 2023.

 

The National Water Act, 1998 (Act No. 36 of 1998) has been updated with the Transformation of Karkloof Irrigation Board into Karkloof Water User Association in terms of Section 98(6) of the Act, as per Notice No. 3981 of GG49518, dated 20 October 2023.

 

The National Water Act, 1998 (Act No. 36 of 1998) has been updated with the Transformation of Gamtoos Irrigation Board into Gamtoos Water User Association of Section 92(1) of Act, as per Notice No. 3947 of GG49407, dated 6 October 2023.

 

The National Water Act, 1998 (Act No. 36 of 1998) has hereby been updated to publish limiting use of water in terms of Sec 6 of Schedule 3 of the Act for the Water Management area of Mzimvubu-Tsitikamma Water Management Area (WMA7), as per Notice No. 1220 of Government Gazette 43900, dated 13 November 2020.

 

The National Water Act, 1998 (Act No. 36 of 1998) has hereby been updated to record the Extension and Alignment of Compliance Period, as per Notice No. 1010 of Government Gazette 43726, dated 18 September 2020.

 

The National Water Act, 1998 (Act No. 36 of 1998) has hereby been updated to give notice to install water measuring devices, as per Notice No. 34 of Government Gazette 42956, dated 17 January 2020.

 

The National Water Act, 1998 (Act No. 36 of 1998) has hereby been authorized for the Continued Application of the General Authorisation Published in terms of Section 39, Government Gazette 42576, Notice 383, dated 12 July 2019.

 

The National Water Act, 1998 (Act No. 36 of 1998) has hereby been updated to issue instructions to Irrigation Boards & Water Users Associations to install water measuring devices, as per Notice No. 141 of Government Gazette 41456, dated 23 February 2018.

 

The National Water Act, 1998 (Act No. 36 of 1998) has hereby been updated to publish Regulations requiring that the taking of water for irrigation purposes be measured, recorded and reported, as per Notice No. 131 of Government Gazette 40621, dated 17 February 2017.

 

The National Water Act, 1998 (Act No. 36 of 1998) has been amended by Revision of General Authorisation for the Taking and Storing of Water, Notice 538 of 2016, Government Gazette 40243, dated 2 September 2016.

 

The National Water Act, 1998 (Act No. 36 of 1998) has been updated by the Revision of General Authorisations in terms of Section 39, Government Gazette 36820, Notice 665, dated 6 September 2013.

 

The National Water Act, 1998 (Act No. 36 of 1998) has been amended by Government Gazette 33458, dated 17 August 2010 – Notice 711; Restrictions on the use of agricultural water within quaternary drainage areas K20A, K1 DE, K10F and K1 DB in the Western Cape Province

 

This Act has been updated with Regulation No R. 810 in Government Gazette No. 33541 dated 17 September 2010.

 

The Act has been updated with two Notices regarding "Extension of Time Period of General Authorisations in term of Section 39", published in Government Gazette No. 32013 dated 20 March 2009.

 

The National Water Act has been updated by the addition of Regulations published in Government Gazette No. 30427 dated 31 October 2007.

 

Various amendments have been made to the Act by the National Water Amendment Act, 1999, as published in Gazette 20706 and came into operation on the 6 December 1999.

The Establishment of a Pricing Strategy for Raw Water Use Charges, dated 12 November 1999, has been added to the Act, as published in Gazette 20615.As well as the Regulations requiring that a Water Use be Registered, as published in Gazette 20606, dated 12 November 1999.

Notice No. 1191 dated 8 October 1999, regarding General Authorisations in terms of Section 36 of the Act, has been added to the Act, as published in Government Gazette 20526.

It has been determined that the 1st of October 1999 is the date on which the remaining sections of the Act will came into effect, namely, sections 33(4), 37, 38, 40-42, 56-60 and 163(1) (the remaining items of Schedule 7).

NB: The period for transformation into a Water User Association by Irrigation Boards in terms of section 98(4) of the National Water Act, 1998 has been extended from 31 August 1999 to 29 February 2000.