Note: This web-enabled version of the South African National Water Act (Act 36 of 1998), was developed by John Carter of the Institute for Water Quality Studies. It is for convenience of access only and has no legal standing. Please refer to the original act for the definitive text. |
(English text signed by the President)
(Assented to 20 August 1998)
To provide for fundamental reform of the law relating to water resources; to repeal certain laws; and to provide for matters connected therewith.
Recognising that water is a scarce and unevenly distributed national resource which occurs in many different forms which are all part of a unitary, interdependent cycle;
Recognising that while water is a natural resource that belongs to all people, the discriminatory laws and practices of the past have prevented equal access to water, and use of water resources;
Acknowledging the National Government's overall responsibility for and authority over the nation's water resources and their use, including the equitable allocation of water for beneficial use, the redistribution of water, and international water matters;
Recognising that the ultimate aim of water resource management is to achieve the sustainable use of water for the benefit of all users;
Recognising that the protection of the quality of water resources is necessary to ensure sustainability of the nation's water resources in the interests of all water users; and
Recognising the need for the integrated management of all aspects of water resources and, where appropriate, the delegation of management functions to a regional or catchment level so as to enable everyone to participate;
BE IT ENACTED by the Parliament of the Republic of South Africa, as follows: -
Chapter 1: INTERPRETATION AND FUNDAMENTAL PRINCIPLES:
1. Definitions and interpretation
3. Public trusteeship of nation's water resources
Chapter 2: WATER MANAGEMENT STRATEGIES:
Chapter 2 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
Chapter 2 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:
Chapter 3 Part 1 Classification system for water resources
12. Prescription of classification system
Chapter 3 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
17. Preliminary determinations of Reserve
Chapter 3 Part 4 Pollution prevention
19. Prevention and remedying effects of pollution
Chapter 3 Part 5 Emergency incidents
20. Control of emergency incidents
Chapter 4 Part 1 General Principles
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
27. Considerations for issue of general authorisations and licences
28. Essential requirements of licences
29. Conditions for issue of general authorisations and licences
31. Issue of licence no guarantee of supply
Chapter 4 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
Chapter 4 Part 4 Stream flow reduction activities
36. Declaration of stream flow reduction activities
Chapter 4 Part 5 Controlled activities
38. Declaration of certain activities as controlled activities
Chapter 4 Part 6 General authorisations
39. General authorisations to use water
Chapter 4 Part 7 Individual applications for licences
41. Procedure for licence applications
Chapter 4 Part 8 Compulsory licences for water use in respect of specific resource
43. Compulsory licence applications
45. Proposed allocation schedules
46. Preliminary allocation schedules
48. Licences replace previous entitlements
49. Review and amendment of licences
50. Formal amendment of licences
52. Procedure for earlier renewal or amendment of licences
Chapter 4 Part 10 Contravention of or failure to comply with authorisations
53. Rectification of contraventions
54. Suspension or withdrawal of entitlements to use water
Chapter 5: FINANCIAL PROVISIONS:
Chapter 5 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
Chapter 5 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 :
Chapter 6 Part 1 Delegations, directives, expropriation, condonation and additional powers
63. Delegation of powers and duties by Minister
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
Chapter 6 Part 2 General provisions regarding regulations
70. Consideration of regulations
Chapter 6 Part 3 Powers relating to catchment management agencies
72. Powers and duties of catchment management agencies vest in Minister in certain circumstances
73. Assignment of powers and duties to catchment management agencies
74. Directives to water management institutions
Chapter 6 Part 4 Powers of Director-General
75. Delegation of powers by Director-General
76. Appointment of persons on contract
Chapter 7: CATCHMENT MANAGEMENT AGENCIES :
Chapter 7 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
Chapter 7 Part 2 Governing board of catchment management agencies
81. Appointment of governing board of catchment management agency
83. Removal of members from governing board
Chapter 7 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
88. Disestablishment of catchment management agency
89. Transfer of assets and liabilities after change of water management area or 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
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
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
123. Regulations regarding dam safety
Chapter 13: ACCESS TO AND RIGHTS OVER LAND:
Chapter 13 Part 1 Entry and inspection
124. Appointment of authorised persons
125. Powers and duties of authorised persons
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
Chapter 13 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:
Chapter 14 Part 1 National monitoring systems
137. Establishment of national monitoring systems
138. Establishment of mechanisms to co-ordinate monitoring of water resources
Chapter 14 Part 2 National information systems on water resources
139. Establishment of national information systems
140. Objectives of national information systems
143. Regulations for monitoring, assessment and information
Chapter 14 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
Chapter 16: OFFENCES AND REMEDIES:
152. Enquiry in respect of compensation for harm, loss or damage suffered
154. Offences in relation to employer and employee relationships
155. Interdict or other order by High Court
Chapter 17: GENERAL AND TRANSITIONAL PROVISIONS:
158. Amendment or substitution of instruments
Chapter 17 Part 2 Powers and authorisations
160. Documents deemed to be properly authorised and issued
161. Documents and steps valid under certain circumstances
163. Repeal of laws, and savings
164. Short title and commencement
Schedule 1: PERMISSIBLE USE OF WATER:
Schedule 2: PROCEDURAL MATTERS REGARDING SERVITUDES:
S3.3. Catchment management agencies may make rules to regulate water use
S3.4. Catchment management agencies may require establishment of management systems
S3.5. Catchment management agencies may require alterations to waterworks
Schedule 4: MANAGEMENT AND PLANNING OF WATER MANAGEMENT INSTITUTIONS:
S4.2. Terms and conditions of appointment
S4.4. Vacancies, resignations and removal from office
S4.8. Recovery of improper profits
S4.Part 3 Proceedings of the board
S4.13. Person presiding at meetings
S4.16. Participation in meetings
S4.17. Resolutions without meetings
S4.19. Appointment of committees
S4.20. Power to regulate proceedings
S4.Part 4 Institutional planning
S4.22. General matters to be included in business plans
S4.23. Financial matters to be included in business plans
S4.24. Matters to be considered in setting financial targets
S4.25. Business plans to be given to Minister
S4.26. Board to notify Minister of significant events
S4.27. Institution must act in accordance with business plan
S4.28. Minister may require information
S4.Part 5 Monitoring and intervention
S4.29. Provision of information by an institution
S4.30. Taking possession of books, records and assets
S4.Part 6 Records and reporting
S4.32. Financial records and accountability
Schedule 5: MODEL CONSTITUTION OF WATER USER ASSOCIATION:
S5.2. Application of the National Water Act of 1998 to the constitution
S5.3. Objects of the Association
S5.4. Principal functions of the Association
S5.5. Ancillary functions of Associations
S5.7. Membership of the Association
S5.11. Qualification of candidates for membership of Management Committee
S5.12. Nomination of and voting for members of Management Committee
S5.13. Membership of Management Committee
S5.14. Appointment of chairperson and deputy chairperson
S5.16. Appointment of employees
S5.18. Charges and the recovery of charges
S6.Part 1 Water Tribunal members
S6.1. Terms of office of members
S6.2. Disqualification of members
S6.3. Nominations for appointment to Water Tribunal
S6.4. Termination of office of members
S6.Part 2 Lodging and hearing of appeals and applications
S6.5. Lodging of appeals and applications
S6.6. Hearing of appeals or applications by Water Tribunal
S6.8. Contempt of the Water Tribunal
S6.9. Decisions of the Water Tribunal
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