National Small Business Act, 1996 (Act 102 of 1996)
R 385
National Water Act, 1998 (Act No. 36 of 1998)General AuthorisationsGeneral Authorisations in terms of Section 39 of the National Water Act 36 of 1998 for Water Uses as defined in Section 21(c) or Section 21(i)Impeding or Diverting the Flow of Water in a Watercourse [Section 21(c)] or Altering the Bed, Banks, Course or Characteristics of a Watercourse [Section 21(i)]6. To whom this Notice is applicable impeding or diverting the flow or altering the bed, banks, course or characteristics of a watercourse |
| (1) | A person who— |
| (a) | owns or lawfully occupies property registered in the Deeds office as at the date of this Notice; |
| (b) | lawfully occupies or uses land that is not registered or surveyed; or |
| (c) | lawfully has access to land on which the use of water takes place; |
May on that property or land—
| (i) | exercise the section 21 (c) or (i) water use activities set out in Appendix D1 without being subject to the requirement of a Risk Matrix assessment in terms of this notice and subject only to conditions (4) to (12) listed under section 7 of this Notice; |
| (ii) | All SOE's and other Institutions specified in Appendix D2 having lawful access to that property or land may on that property use water in terms of section 21(c) or (i) as specified under each of the relevant institution without being subject to a Risk Matrix assessment and subject only to conditions (4) to (12) listed under section 7 of this Notice. |
| (iii) | use water in terms of section 21(c) or (i) water uses if it has a low risk class as determined through the Risk Matrix (Appendix A). (This Risk Matrix must be completed by a suitably qualified SACNASP professional member). |
| (iv) | do maintenance work associated with their section 21(c) or (i) Existing Lawful Use that has a low risk class as determined through the Risk Matrix (Appendix A). (This Risk Matrix must be completed by a suitably qualified SACNASP professional member). |
| (v) | conduct rehabilitation of wetlands (read together with General Authorisation 1196 published in Government Gazette 32805 dated 18 December 2009) and/or rivers where such rehabilitation activities has a low risk class as determined through the Risk Matrix (Appendix A). (This Risk Matrix must be completed by a suitably qualified SACNASP professional member). |
| (vi) | conduct river and storm water management activities including maintenance of infrastructure as contained in a river management plan or similar management plan. Appendix B contains minimum requirements for such a plan to be approved by the relevant regional office or Catchment Management Agency (CMA). Once approved by the regional office or CMA these plans can be implemented in terms of this GA subject only to conditions (7) to (12) listed under section 7 of this Notice; |
| (vii) | conduct emergency work arising from an emergency situation and or incident associated with the persons' existing water use entitlement, provided that all work is executed and reported in the manner prescribed in the Emergency Protocol contained in Appendix C and subject only to conditions (7) to (12) listed under section 7 of this Notice. |
In the instances referred to in section 6 (i) and (ii) herein, there is no requirement for compliance to all the conditions of this notice other than section 7(4)-(12) of this Notice.
In the abovementioned instances referred to in section 6 (vi) and (vii) herein, there is no requirement for compliance to all the conditions of this notices other than section 7(7)-(12} of this Notice.
| (2) | A water user who used water in terms of General Authorisation 1 and 2 to the Schedules of Government Notice 398 published in Government Gazette 26187 dated 26 March 2004, General Authorisation 1199 published in Government Gazette 32805 dated 18 December 2009, and General Authorisation 509 published in Government Gazette 40229 dated 26 August 2016 may, continue with such water use without the requirement of re-registering. |
