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Table of Contents
National Water Act, 1998 (Act No. 36 of 1998)
Notice No. 1091 of 1998
Act
Preamble
Chapter 1 : Interpretation and Fundamental Principles
1. Definitions and interpretation
2. Purpose of Act
3. Public trusteeship of nation's water resources
4. Entitlement to water use
Chapter 2 : Water Management Strategies
Part 1 : National water resource strategy
5. Establishment of national water resource strategy
6. Contents of national water resource strategy
7. Giving effect to national water resource strategy
Part 2 : Catchment management strategies
8. Establishment of catchment management strategies
9. Contents of catchment management strategy
10. Guidelines for and consultation on catchment management strategies
11. Giving effect to catchment management strategies
Chapter 3 : Protection of Water Resources
Part 1 : Classification system for water resources
12. Prescription of classification system
Part 2 : Classification of water resources and resource quality objectives
13. Determination of class of water resources and resource quality objectives
14. Preliminary determination of class or resource quality objectives
15. Giving effect to determination of class of water resource and resource quality objectives
Part 3 : The Reserve
16. Determination of Reserve
17. Preliminary determinations of Reserve
18. Giving effect to Reserve
Part 4 : Pollution prevention
19. Prevention and remedying effects of pollution
Part 5 : Emergency incidents
20. Control of emergency incidents
Chapter 4 : Use of Water
Part 1 : General Principles
21. Water use
22. Permissible water use
23. Determination of quantity of water which may be allocated by responsible authority
24. Licences for use of water found underground on property of another person
25. Transfer of water use authorisations
26. Regulations on use of water
Part 2 : Considerations, conditions and essential requirements of general authorisations and licences
27. Considerations for issue of general authorisations and licences
28. Essential requirements of licences
29. Conditions for issue of general authorisations and licences
30. Security by applicant
31. Issue of licence no guarantee of supply
Part 3 : Existing lawful water uses
32. Definition of existing lawful water use
33. Declaration of water use as existing lawful water use
34. Authority to continue with existing lawful water use
35. Verification of existing water uses
Part 4 : Stream flow reduction activities
36. Declaration of stream flow reduction activities
Part 5 : Controlled activities
37. Controlled activity
38. Declaration of certain activities as controlled activities
Part 6 : General authorisations
39. General authorisations to use water
Part 7 : Individual applications for licences
40. Application for Licence
41. Procedure for licence applications
42. Reasons for decisions
Part 8 : Compulsory licences for water use in respect of specific resource
43. Compulsory licence applications
44. Late applications
45. Proposed allocation schedules
46. Preliminary allocation schedules
47. Final allocation schedule
48. Licences replace previous entitlements
Part 9 : Review and renewal of licences, and amendment and substitution of conditions of licences
49. Review and amendment of licences
50. Formal amendment of licences
51. Successors-in-title
52. Procedure for earlier renewal or amendment of licences
Part 10 : Contravention of or failure to comply with authorisations
53. Rectification of contraventions
54. Suspension or withdrawal of entitlements to use water
55. Surrender of licence
Chapter 5 : Financial Provisions
Part 1 : Water use charges
56. Pricing strategy for water use charges
57. Application of pricing strategy
58 Recovery of water use charges
59 Liability for water use charges
60. Water use charges are charges on land
Part 2 : Financial assistance
61. Financial assistance by Minister
62. Regulations on financial assistance
Chapter 6 : General Powers and Duties of Minister and Director-General
Part 1 : Delegations, directives, expropriation, condonation and additional powers
63. Delegation of powers and duties by Minister
64. Expropriation of property
65. Expropriation for rehabilitation and other remedial work
66. Condonation of failure to comply with time period
67. Dispensing with certain requirements of Act
68. Intervention in litigation
Part 2 : General provisions regarding regulations
69. Making of regulations
70. Consideration of regulations
71. Rejected regulations
Part 3 : Powers relating to catchment management agencies
72. Powers and duties of catchment management agencies vest in Minister in certai circumsances
73. Assignment of powers and duties to catchment management agencies
74. Directives to water management institutions
Part 4 : Powers of Director-General
75. Delegation of powers by Director-General
76. Appointment of persons on contract
Chapter 7 : Catchment Management Agencies
Part 1 : Establishment and powers of catchment management agencies
77. Proposal for establishment of catchment management agency
78. Procedure for establishment of catchment management agencies
79. General powers and duties of catchment management agencies
80. Initial functions of catchment management agencies
Part 2 : Governing board of catchment management agencies
81. Governing board of catchment management agencies
82. Chairperson, deputy chairperson, chief executive officer and committees of catchment management agency
83. Removal of members from governing board
Part 3 : Operation of catchment management agencies
84. Funding of catchment management agencies
85. Documents relating to litigation
86. Delegation of powers by catchment management agency
Part 4 : Intervention, disestablishment or change of water management areas of catchment management agencies
87. Intervention by Minister
88. Disestablishment of catchment management agency
89. Transfer of assets and liabilities after change of water management area of disestablishment
90. Regulations on catchment management agencies
Chapter 8 : Water User Associations
91. Proposal for establishment of water user association
92. Procedure for establishment of water user association
93. Constitution of water user association
94. Powers of water user association
95. Directives to water user association
96. Disestablishment of water user association
97. Winding up affairs of disestablished water user association
98. Transitional provisions for certain existing organisations
Chapter 9 : Advisory Committees
99. Establishment of advisory committees
100. Regulations regarding advisory committees
101. Transitional provisions relating to advisory committees
Chapter 10 : International Water Management
102. Establishment of bodies to implement international agreements
103. Governance and functions of bodies
104. Powers of bodies
105. Bodies must manage different functions as separate units
106. Reports on performance of functions
107. Investigation of affairs or financial position of bodies
108. Transitional provisions relating to existing bodies
Chapter 11 : Government Waterworks
109. Acquisition, construction, alteration, repair, operation and control of government waterworks
110. Consultation and environmental impact assessment
111. Financing of government waterworks
112. Water from government waterworks
113. Access to and use of government waterworks for recreational purposes
114. Government waterworks constructed before commencement of Act
115. Disposal of government waterworks
116. Regulations regarding government waterworks
Chapter 12 : Safety of Dams
117. Definitions
118. Control measures for dam with safety risk
119. Responsibilities of approved professional persons
120. Registration of dam with safety risk
121. Factors to be considered in declaring dam or category of dams with safety risk
122. Exemptions
123. Regulations regarding dam safety
Chapter 13 : Access to and Rights Over Land
Part 1 : Entry and inspection
124. Appointment of authorised persons
125. Powers and duties of authorised persons
Part 2 : Servitudes
126. Definitions
127. Acquisition of servitudes
128. Rights and duties of servitude holders and landowners
129. Procedure for acquisition and amendment of servitudes
130. Powers of High Court in respect of claim for servitude
131. Compensation payable for granting of servitudes
132. Noting of servitude and amendment by endorsement against title deed
133. Cancellation of servitude
134. Joint waterwork involving servitude
Part 3 : Waterworks and personal servitudes
135. Ownership of waterworks on land belonging to another
136. Transfer of personal servitudes
Chapter 14 : Monitoring, Assessment and Information
Part 1 : National monitoring systems
137. Establishment of national monitoring systems
138. Establishment of mechanisms to co-ordinate monitoring of water resources
Part 2 : National information systems on water resources
139. Establishment of national information systems
140. Objectives of national information systems
141. Provision of information
142. Access to information
143. Regulations for monitoring, assessment and information
Part 3 : Information on floodlines, floods and droughts
144. Floodlines on plans for establishment of townships
145. Duty to make information available to public
Chapter 15 : Appeals and Dispute Resolution
146. Establishment of Water Tribunal
147. Operation of Water Tribunal
148. Appeals to Water Tribunal
149. Appeals from decisions of Water Tribunal
150. Mediation
Chapter 16 : Offences and Remedies
151. Offences
152. Enquiry in respect of compensation for harm, loss or damage suffered
153. Award of damages
154. Offences in relation to employer and employee relationships
155. Interdict or other order by High Court
Chapter 17 : General and Transitional Provisions
Part 1 : Liability
156. State bound
157. Limitation of liability
158. Amendment or substitution of instruments
159. Effect of delegation
Part 2 : Powers and authorisations
160. Documents deemed to be properly authorised and issued
161. Documents and steps valid under certain circumstances
162. Service of documents
163. Repeal of laws, and savings
163A. Amendments to this Act
164. Short title and commencement
Schedules
Schedule 1 : Permissible Use of Water
Schedule 2 : Procedural Matters Regarding Servitudes
Schedule 3 : Powers which may be exercised and duties to be performed by Catchment Management Agencies on Assignment or Delegation
Schedule 4 : Management and Planning of Water Management Institutions
Part 1 : Governing board
Part 2 : Board members
Part 3 : Proceedings of the board
Part 4 : Institutional planning
Part 5 : Monitoring and intervention
Part 6 : Records and reporting
Schedule 5 : Model Constitution of Water User Association
Schedule 6 : Water Tribunal
Part 1 : Water Tribunal members
Part 2 : Lodging and hearing of appeals and applications
Schedule 7 : Acts Repealed
Regulations
Regulations on Financial Assistance to Resource Poor Farmers, 2007
Notice No. R. 1036 of 2007
1. Definitions
2. Purpose of regulations
3. Eligibility for financial assistance
4. Procedure for applying for financial assistance
5. Terms and conditions applicable to financial assistance grant
6. Short title
Annexure
Regulations on Registration of Water Use
Notice No. 1352 of 1999
Explanatory Note
1. Definitions
2. Water use
3. Application for registration of water use
4. Different users at different places
5. Only official forms may be used
6. Extent and lawfulness of water use
7. Registration certificate
8. Deregistration
9. Inspection
10. Exemptions from registration of water use
11. Amendment to the registration of water use
12. Cost of registering a water use
13. Offence
14. Title and coming into effect
Regulations on Use of Water for Mining and Related Activities Aimed at the Protection of Water Resources
Notice No. R. 77 of 2010
1. Definitions
2. Information and notification
3. Exemption from requirements of regulations
4. Restrictions on locality
5. Restrictions on use of material
6. Capacity requirements of clean and dirty water systems
7. Protection of water resources
8. Security measures
9. Temporary or permanent cessation of mine or activity
10. Additional regulations relating to winning sand and alluvial minerals from watercour
11. Additional regulations for rehabilitation of coal residue deposits
12. Technical investigation and monitoring
13. General
14. Offences and penalties
15. Repeal of regulations
16. Commencement
Regulations for the Establishment of a Water Resource Classification System, 2010
Notice No. R. 810 of 2010
1. Definitions
2. Procedure for determining different classes of water resources
3. Procedure for determining the Reserve
4. Procedure for determining resource quality objectives
5. Title
Regulations requiring that the Taking of Water for Irrigation Purposes be Measured, Recorded and Reported
Notice No. 131 of 2017
1. Definitions
2. Objective of Regulations
3. Application
4. Measuring of water use
5. Installation and use of water measuring devices and record keeping
6. Keeping of records
7. Directive to comply
8. Directive to have accuracy of water measuring devices verified
9. Offences
10. Maximum penalties
11. Short title
Regulations regarding the Procedural Requirements for Water Use Licence Applications and Appeals
Notice No. R. 267 of 2017
Chapter 1 : Interpretation and Definitions
1. Interpretation and definitions
2. Purpose of Regulations
Chapter 2 : Application for Water Use Licence
3. Application for water use licence
4. Application for integratedwater use licence
5. Pre-application enquiry meeting
6. Submission of the application
7. Multiple water use licence application
Chapter 3 : Processing of Water Use Licence Application
8. Evaluation of application prior to acceptance
9. Compliance of an application with formal requirements
Chapter 4 : Site Inspection Meeting and Submission of Technical Report on Water Use Licence Application
10. Site inspection
11. Submission of technical report on water use licence application
12. Assessment of technical report on water use licence application
Chapter 5 : Consideration of and Decision on an Application
13. Consideration of and decision on a water use licence application
14. Security by applicant
15. Surrender of water use entitlement to facilitate licence application
16. Application for renewal or amendment of water use licence
Chapter 6 : Public Participation
17. Procedure for public participation
18. Register of interested and affected parties
19. Public Participation Report
Chapter 7 : General Matters
20. Offences
Chapter 8 : Appeals
21. Appeals arising out of the integrated water use licence applications
22. Submission of appeal to Minister
23. Decision on appeal
24. Short title and commencement
Annexures
Annexure A
Annexure B
Annexure C
Annexure D
The Tables of Contents
1 Waste Water Treatment/Water Treatment Plants Technical Report
2 Agriculture Technical Report or Business Plan
3 Stream Flow Reduction Activity Report
4 Integrated Water and Wastewater Management Report
5 Geohydrology Report
6 Wetland Delineation Report
7 Mine Closure/Rehabilitation Plan
8 Public Participation Report
9 Civil Design - Minimum Information Requirements
Annexure E
Annexure H
Notices
799 of 1999 - Limitation on the Abstraction and Use of Water for Irrigation purposes
Request to Register a Water Use
62 of 2000 - Request to Register a Water Use - Northern Province
387 of 2000 - Request to Register a Water Use - Gauteng
388 of 2000 - Request to Register a Water Use - Kwa-Zulu Natal
433 of 2000 - Request to Register a Water Use - Free State
470 of 2000 - Request to Register a Water Use - North West
515 of 2000 - Request to Register a Water Use - Western Cape
536 of 2000 - Request to Register a Water Use - Mpumalanga
576 of 2000 - Request to Register a Water Use - Northern Province
577 of 2000 - Request to Register a Water Use - Kwa-Zulu Natal
624 of 2000 - Request to Register a Water Use - Eastern Cape
Extension of the Time Period for General Authorisations
313 of 2009 - Extension of the Time Period for General Authorisations
314 of 2009 - Extension of the Time Period of General Authorisations
711 of 2010 - Restrictions on the use of agricultural water within quaternary drainage areas
665 of 2013 - Revision of General Authorisations in terms of Section 39 of the National Water Act, 1998 (Act No. 36 of 1998) (The Act)
Notice No. 665 of 2013
1. Engaging in a Controlled Activity, Identified as such in Section 37(1)(a): Irrigation of any Land with Waste or Water containing Waste Generated through any Industrial Activity or by a Waterwork
2. Discharge of Waste or Water containing waste into a Water Resource through a pipe, canal, sewer or other conduit; and disposing in any manner of water which contains waste from, or which has been heated in, any Industrial or Power Generation Process
3. Disposing of Waste in a manner which may detrimentally impact on a Water Resource
4. Removing, Discharging or Disposing of Water found Underground if it is necessary for the Efficient Continuation of an Activity or for the Safety of People
538 of 2016 - Revision of General Authorisation for the taking and storing of water
Notice No. 538 of 2016
Explanatory Note
1. Definitions
2. Application of the notice
3. Taking of water from a surface water resource
4. Taking of water from a groundwater resource
5. Storing of water
6. General conditions
7. Registration of water use
8. Payment of charges
Appendixes
Appendix A : Surface Water Abstraction and Storage
Appendix B : Groundwater abstraction
189 of 2018 - Reserve Determination of Water Resources for the Olifants-Doorn Catchments
Notice No. 189 of 2018
1. Description of Water Resource
2. Reserve Determination as required in terms of section 16(1) and (2) of the Act
3. Acronyms and Definitions
4. Surface-Water-Quantity Component for Rivers
5. Surface-Water-Quality Component for Rivers
6. Estuary component
7. Groundwater - Quantity Component
8. Groundwater - Quality Component
The Continued Application of the General Authorisation Published in terms of Section 39 of the National Water Act, 1998 (Act No. 36 of 1998)
Notice No. 383 of 2019
Mzimvubu-Tsitsikamma Water Management Area (WMA 7) in the Eastern Cape Province: Limiting the use of water in terms of Section 6 of Schedule 3 of the National Water Act of 1998; for Urban, Agricultural and Industrial (including Mining) Purposes
Notice No. 1220 of 2020
Disestablishment of Hoeko Irrigation Board in Western Cape Province
Notice No. 3983 of 2023
Transformation of Irrigation Boards into Associations
Transformation of Gamtoos Irrigation Board into Gamtoos Water User Association in terms of Section 92(1) of the Act
Notice No. 3947 of 2023
Transformation of Karkloof Irrigation Board into Karkloof Water User Association in terms of Section 98(6) of the Act
Notice No. 3981 of 2023
Transformation of Ngwagwane Irrigation Board into Ngwagwane Water User Association in terms of Section 98(6) of the Act
Notice No. 3982 of 2023
Transformation of Cogmanskloof Irrigation Board into Cogmanskloof Water User Association in terms of Section 98(6) of the Act
Notice No. 4077 of 2023
Transformation of Smalblaar Irrigation Board into Smalblaar Water User Association in terms of Section 98(6) of the Act
Notice No. 4078 of 2023
Transformation of Buffelsjagsriver Irrigation Board into Buffelsjagsriver Water User Association in terms of Section 98(6) of the Act
Notice No. 4079 of 2023
Transformation and Amalgamation of Vyeboom & Houtveld Irrigation Boards into the Vyeboom Water User Association in terms of Section 98(6) of the Act
Notice No. 4080 of 2023
Transformation of Underberg Irrigation Board into Underberg Water User Association in terms of Section 98(6) of the Act
Notice No. 4081 of 2023
Transformation of Mooi River Irrigation Board into Mpofana Water User Association in terms of Section 98(6) of the Act
Notice No. 4082 of 2023
Transformation of Mvoti Irrigation Board into Upper Mvoti Water User Association in terms of Section 98(6) of the Act
Notice No. 4083 of 2023
Transformation of Pholela Irrigation Board into Pholela Water User Association in terms of Section 98(6) of the Act
Notice No. 4084 of 2023
Transformation of uMzikhulwana Irrigation Board into uMzikhulwana Water User Association in terms of Section 98(6) of the Act
Notice No. 4085 of 2023
Transformation of Egmont Irrigation Board into Vanstadensrus Water User Association in terms of Section 98(6) of the Act
Notice No. 4086 of 2023
Transformation of Brand River Irrigation Board into Brand River Water User Association in terms of Section 98(6) of the Act
Notice No. 4201 of 2023
Transformation of Tierpoort Irrigation Board into Tierpoort Water User Association in terms of Section 98(6) of the Act
Notice No. 4224 of 2023
Transformation and Amalgamation of the Bossieveld, Bo-Doorn River, Doornrivier, Moddergat & Stettyn Irrigation Boards into Bossieveld Water User Association in terms of Section 98(6) of the Act
Notice No. 4461 of 2024
Transformation of Dwariga Irrigation Board into Dwariga Water User Association in terms of Section 98(6) of the Act
Notice No. 4462 of 2024
Transformation of Keimoes, Brakboseiland, Eksteenskuil, Friesdale, Kousas, Malanshoek, Nielersdrift, Onderstekoms, Rooikopeiland and Skanskop Irrigation Boards into Keimos Water User Association in terms of Section 98(6) of the Act
Notice No. 4505 of 2024
Transformation of Upington IB Straussburg, Olyvenhoutsdrift-Suid, Loisvale, Blaauwsekop, Swartkop, Steynsvoor, and Kanoneiland Irrigation Boards into Upington Islands Water User Association in terms of Section 98(6) of the Act
Notice No. 4506 of 2024
Raw Water Use Charges for the 2024/25 Financial Year
Notice No. 4266 of 2024
Caledon-Modder Subsystem - Limiting the use of water in terms of Item 6 of Schedule 3 of the National Water Act, 1998 for Urban and Irrigation purposes from the Dams within the Caledon-Modder Subsystem
Notice No. 4507 of 2024
Pricing Strategy for Raw Water Use Charges
Establishment of a Pricing Strategy for Water Use Charges in Terms of Section 56(1) of the National Water Act, 1998
A Pricing Strategy For Raw Water Use Charges
1. Introduction
2. Water Supply and Demand
3. Addressing the Problem
4. The Objectives that Shape the New Pricing Strategy
5. Implementation of the New Pricing Strategy
5.1 Water subject to pricing
5.2 Definitions of Water Use
5.3 Pricing Strategy for Water Use
5.4 Transparency and Accountability
6. Phasing in the New Approach
6. Phasing in the New Approach
7. Application of Pricing Strategy to Different Categories of Water Use/User Sectors
7. Application of Pricing Strategy to Different Categories...
7.1 Discharge of Waste
7.2 Water Services Authority Sector
7.3 Industrial, Mining and Energy Sector
7.4 Irrigation Sector
7.5 Stream Flow Reduction Activities
8. Conclusion
8. Conclusion
9. Glossary of Terms
9. Glossary of Terms
General Authorisations
General Authorisations in terms of Section 39 of the National Water Act, 1998 (Act No. 36 of 1998) - 2013
1. The taking of Water from a Water Resource and Storage of Water
1.1 Purpose of this authorisation
1.2 Exclusion
1.3 Compliance with National Water Act and other laws
1.4 Area of applicability
1.5 Duration of authorisation
1.6 Definitions
1.7 Abstraction and storage
1.8 Registration of water use
1.9 Precautionary practices
1.10 Record-keeping and disclosure of information
1.11 Inspections
1.12 Offences
2. Engaging in a controlled activity, identified as such in Section 37
2.1 Purpose of this authorisation
2.2 Exclusion
2.3 Compliance with National Water Act and other laws
2.4 Area of applicability
2.5 Duration of authorisation
2.6 Definitions
2.7 Irrigation with wastewater
2.8 Registration of irrigation with wastewater
2.9 Location of irrigation with wastewater
2.10 Record-keeping and disclosure of information
2.11 Precautionary practices
2.12 Inspections
2.13 Offences
3. Discharge of waste or water containing waste into a water resource
3.1 Purpose of this authorisation
3.2 Exclusion
3.3 Compliance with National Water Act and other laws
3.4 Area of applicability
3.5 Duration of authorisation
3.6 Definitions
3.7 Discharging of domestic and industrial wastewater into water resources
3.8 Registration of discharges into water resources
3.9 Record-keeping and disclosure of information
3.10 Precautionary practices
3.11 Inspections
3.12 Offences
4. Disposing of waste in a manner which may detrimentally impact on a water resource
4.1 Purpose of this authorisation
4.2 Exclusion
4.3 Compliance with National Water Act and other laws
4.4 Area of applicability
4.5 Duration of authorisation
4.6 Definitions
4.7 Storage of domestic and/or biodegradable industrial wastewater for the purpose of re-use
4.8 Storage of domestic and/or biodegradable industrial wastewater for the purpose of disposal
4.9 Disposal of domestic and/or biodegradable industrial wastewater
4.10 Disposal of mine waste or residue
4.11 Registration of wastewater storage
4.12 Registration of wastewater disposal
4.13 Location of wastewater storage dams and wastewater disposal sites
4.14 Record-keeping and disclosure of information
4.15 Precautionary practices
4.16 Inspections
4.17 Offences
General Authorisations in terms of Section 39 of the National Water Act, 1998 (Act No. 36 of 1998) for Water Uses as defined in Section 21(c) or Section 21(i)
Notice No. 4167 of 2023
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)]
1. Purpose of Authorisation
2. Definitions
3. Exclusion to this Notice
4. Duration of Notice
5. Area of applicability of Notice
6. To whom this Notice is applicable impeding or diverting the flow or altering the bed, banks, course or characteristics of a watercourse
7. Conditions for Impeding or Diverting the Flow of Water or Altering the Bed, Banks, Course or Characteristics of a Watercourse in terms of this Notice
Appendices
Appendix A : Risk Assessment Matrix (RAM)
Appendix B : River Management Plan or Similar
Appendix C : Emergency Protocol
Appendix D1 : Activities listed generally authorized for persons
Appendix D2 : Activities listed generally authorized for institutions
Instructions
Irrigation Boards and Water Users Associations instruction to install water measuring devices for water taken for irrigation purposes and to monitor compliance to Regulations requiring that the taking of water for irrigation purposes be measured, recorded
Notice No.141 of 2018
Notice to install water measuring devices for water taken for irrigation purposes and to monitor compliance with Government Notice No.131 of 2017: All water users who are not members of an irrigation board or water users association in all water managemen
Notice No. 34 of 2020
Extension and Alignment of Compliance Period: Instruction to install water measuring devices for water taken for irrigation purposes in terms of Government Notice No. 141, 23 February 2018 (Water Users within Water Management Institutions) and Government
Notice No.1010 of 2020
Raw Water Use Charges for the 2024/25 Financial Year
Purchase
Notice No. 4266 of 2024
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