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

Chapter 12 : Safety of Dams

123. Regulations regarding dam safety

 

(1) The Minister may make regulations—
(a) for the establishment of a register of approved professional persons for dealing with dams with a safety risk—
(i) providing for—
(aa) different classes of approved professional persons;
(bb) the tasks or category of tasks which each class of approved professional persons may perform; and
(cc) the conditions under which each class of approved professional persons may perform any task or category of tasks;
(ii) concerning the requirements for admission to each class;
(iii) setting out, in respect of each class, the procedure for-
(aa) approval;
(bb) withdrawal of an approval; and
(cc) suspension of an approval; and
(iv) providing for a processing fee for an approval;
(b) regulating the approval of a person as an approved professional person for a specific task—
(i) setting out the procedure for approval;
(ii) setting out the procedure for cancelling an approval;
(iii) requiring that the approved person be assisted in the task by another person or a group of persons with specific experience and qualifications; and
(iv) providing for a processing fee for an approval;
(c) in respect of dams with a safety risk—
(i) classifying such dams into categories;
(ii) requiring the owner of a dam of a specific category to appoint an approved professional person to—
(aa) design that dam or any repair, alteration or abandonment of the dam;
(bb) ensure that a task is carried out according to the applicable design, drawings and specifications; and
(cc) carry out dam safety evaluations on the dam;
(iii) requiring that licences be issued by the Minister before any task relating to a specific category of dams may commence, and the conditions, requirements and procedure to obtain any specific licence;
(iv) laying down licence conditions and requirements that must be met when carrying out a task on a specific category of dams;
(v) requiring an approved professional person, appointed for a dam of a specific category, to keep records of information and drawings, and to compile reports;
(vi) requiring—
(aa) an owner of a dam belonging to a specific category of dams; and
(bb) an approved professional person appointed for a specific task for a specific dam,

to submit information, drawings, reports and manuals;

(vii)        determining the duties of—

(aa) an owner of a dam belonging to a specific category of dams; and
(bb) an approved professional person appointed for a specific task for a specific dam;
(d) requiring the owner of a dam with a safety risk to accomplish regular monitoring of the dam, to the extent and manner prescribed;
(e) requiring the registration of a specific dam with a safety risk, and setting out the procedure and the processing fee payable for registration; and
(f) specifying time periods that must be complied with.

 

(2) In making regulations under subsection (1)(a), the Minister must consider—
(a) the expertise required for the effective design, construction, alteration, repair, operation, maintenance and abandonment of a dam in the category concerned; and
(b) the qualifications and experience needed to provide the expertise for a particular category of tasks.

 

(3) Before making regulations under subsection (1), the Minister must consult the Engineering Council of South Africa, established by section 2 of the Engineering Profession of South Africa Act, 1990 (Act No. 114 of 1990), and any other appropriate statutory professional bodies.