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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

29. Conditions for issue of general authorisations and licences

 

(1) A responsible authority may attach conditions to every general authorisation or licence—
(a) relating to the protection of—
(i) the water resource in question;
(ii) the stream flow regime; and
(iii) other existing and potential water users;
(b) relating to water management by—
(i) specifying management practices and general requirements for any water use, including water conservation measures;
(ii) requiring the monitoring and analysis of and reporting on every water use and imposing a duty to measure and record aspects of water use, specifying measuring and recording devices to be used;
(iii) requiring the preparation and approval of and adherence to, a water management plan;
(iv) requiring the payment of charges for water use as provided for in Chapter 5.
(v) requiring the licensee to provide or make water available to a person specified in the licence; and
(vi) in the case of a general authorisation, requiring the registration of the water use with the responsible authority and the payment of a registration fee as a pre-condition of that use;
(c) relating to return flow and discharge or disposal of waste, by—
(i) specifying a water resource to which it must be returned or other manner in which it must be disposed of;
(ii) specifying permissible levels for some or all of its chemical and physical components;
(iii) specifying treatment to which it must be subjected, before it is discharged; and
(iv) specifying the volume which may be returned;
(d) in the case of a controlled activity—
(i) specifying the waste treatment, pollution control and monitoring equipment to be installed, maintained and operated; and
(ii) specifying the management practices to be followed to prevent the pollution of any water resource;
(e) in the case of taking or storage of water—
(i) setting out the specific quantity of water or percentage of flow which may be taken;
(ii) setting out the rate of abstraction;
(iii) specifying the method of construction of a borehole and the method of abstraction from the borehole;
(iv) specifying the place from where water may be taken;
(v) specifying the times when water may be taken;
(vi) identifying or limiting the area of land on which any water taken from a resource may be used;
(vii) limiting the quantity of water which may be stored;
(viii) specifying locations where water may be stored; and
(ix) requiring the licensee to become a member of a water user association before water may be taken;
(f) in the case of a stream flow reduction activity—
(i) specifying practices to be followed to limit stream flow reduction and other detrimental impacts on the water resource; and
(ii) setting or prescribing a method for determining the extent of the stream flow reduction caused by the authorised activity;
(g) which are necessary or desirable to achieve the purpose for which the licence was issued;
(h) which are necessary or desirable to ensure compliance with the provisions of this Act; and
(i) in the case of a licence—
(i) specifying times when water may or may not be used;
(ii) containing provisions for its termination if an authorised use of water is not implemented or not fully implemented;
(iii) designating water for future or contingent use; or
(iv) which have been agreed to by the licensee.

 

(2) If a licensee has agreed to pay compensation to another person in terms of any arrangement to use water, the responsible authority may make the obligation to pay compensation a condition of the licence.