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.

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National Water Act

ACT

(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.

PREAMBLE

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

2. Purpose of Act

3. Public trusteeship of nation's water resources

4. Entitlement to water use

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

Chapter 3 Part 3 The Reserve

16. Determination of Reserve

17. Preliminary determinations of Reserve

18 Giving effect to 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: USE OF WATER:

Chapter 4 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

Chapter 4 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

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

37. Controlled activity

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

40. Application for licence

41. Procedure for licence applications

42. Reasons for decisions

Chapter 4 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

Chapter 4 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

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

55. Surrender of licence

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

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

Chapter 6 Part 2 General provisions regarding regulations

69. Making of regulations

70. Consideration of regulations

71. Rejected 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

82. Chairperson, deputy chairperson, chief executive officer and committees 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

Chapter 7 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 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

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:

Chapter 13 Part 1 Entry and inspection

124. Appointment of authorised persons

125. Powers and duties of authorised persons

Chapter 13 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

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

141. Provision of information

142. Access to information

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

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:

Chapter 17 Part 1 Liability

156. State bound

157. Limitation of liability

158. Amendment or substitution of instruments

159. Effect of delegation

Chapter 17 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

164. Short title and commencement

Schedule 1: PERMISSIBLE USE OF WATER:

S1(1)

S1(2)

Schedule 2: PROCEDURAL MATTERS REGARDING SERVITUDES:

S2.1.

S2.2.

S2.3.

S2.4.

S2.5.

S2.6.

S2.7.

S2.8.

Schedule 3: POWERS WHICH MAY BE EXERCISED AND DUTIES TO BE PERFORMED BY CATCHMENT MANAGEMENT AGENCIES ON ASSIGNMENT OR DELEGATION:

S3.1. General

S3.2. Power to manage, monitor, conserve and protect water resources and to implement catchment management strategies

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

S3.6. Catchment management agencies may temporarily control, limit or prohibit use of water during periods of water shortage

Schedule 4: MANAGEMENT AND PLANNING OF WATER MANAGEMENT INSTITUTIONS:

S4.Part 1 Governing board

S4.1. Governing board

S4.2. Terms and conditions of appointment

S4.3. Chief executive officer

S4.4. Vacancies, resignations and removal from office

S4.5. Validity of decisions

S4.Part 2 Board members

S4.6. Duties of board members

S4.7. Disclosure of interest

S4.8. Recovery of improper profits

S4.Part 3 Proceedings of the board

S4.9. Convening meetings

S4.10. Notices of meeting

S4.11. Quorum

S4.12. Adjournment

S4.13. Person presiding at meetings

S4.14. Voting

S4.15. Minutes

S4.16. Participation in meetings

S4.17. Resolutions without meetings

S4.18. Execution of documents

S4.19. Appointment of committees

S4.20. Power to regulate proceedings

S4.Part 4 Institutional planning

S4.21. Business plans

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

S4.31. Offence

S4.Part 6 Records and reporting

S4.32. Financial records and accountability

S4.33. Annual report

Schedule 5: MODEL CONSTITUTION OF WATER USER ASSOCIATION:

S5.1. Name of 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

S5.6. Founding members

S5.7. Membership of the Association

S5.8. Register of members

S5.9. Rights of members

S5.10. Liability of members

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

S5.15. Voter's list

S5.16. Appointment of employees

S5.17. Raising of loans

S5.18. Charges and the recovery of charges

S5.19. Annual Report

S5.20. Winding up

Schedule 6: WATER TRIBUNAL:

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

S6.7. Subpoenas and evidence

S6.8. Contempt of the Water Tribunal

S6.9. Decisions of the Water Tribunal

Schedule 7: ACTS REPEALED:


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