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Chapter 16: OFFENCES AND REMEDIES

In common with other Acts of Parliament which aim to make non-compliance a criminal offence, this Chapter lists the acts and omissions which are offences under this Act, with the associated penalties. It also gives the courts and water management institutions certain powers associated with prosecutions for these offences, such as the power to remove the cause of a stream flow reduction.

151.: Offences

151.(1): No person may -
151.(1)(a): use water otherwise than as permitted under this Act;
151.(1)(b): fail to provide access to any books, accounts, documents or assets when required to do so under this Act;
151.(1)(c): fail to comply with any condition attached to a permitted water use under this Act;
151.(1)(d): fail to comply with a directive issued under section 19, 20, 53 or 118;
151.(1)(e): unlawfully and intentionally or negligently tamper or interfere with any waterwork or any seal or measuring device attached to a waterwork;
151.(1)(f): fail or refuse to give data or information, or give false or misleading data or information when required to give information under this Act;
151.(1)(g): fail to register an existing lawful water use when required by a responsible authority to do so;
151.(1)(h): intentionally refuse to perform a duty, or obstruct any other person in the exercise of any power or performance of any of that person's duties in terms of this Act;
151.(1)(i): unlawfully and intentionally or negligently commit any act or omission which pollutes or is likely to pollute a water resource;
151.(1)(j): unlawfully and intentionally or negligently commit any act or omission which detrimentally affects or is likely to affect a water resource;
151.(1)(k): fail to register a dam with a safety risk;
151.(1)(l): fail to comply with a temporary restriction on the use of water in terms of item 6 of Schedule 3; or
151.(1)(m): commit contempt of the Water Tribunal.
151.(2): Any person who contravenes any provision of subsection (1) is guilty of an offence and liable, on the first conviction, to a fine or imprisonment for a period not exceeding five years, or to both a fine and such imprisonment and, in the case of a second or subsequent conviction, to a fine or imprisonment for a period not exceeding ten years or to both a fine and such imprisonment.

152.: Enquiry in respect of compensation for harm, loss or damage suffered

Where any person is convicted of an offence under this Act and -
152.(a): another person has suffered harm or loss as a result of the act or omission constituting the offence; or
152.(b): damage has been caused to a water resource, the Court may, in the same proceedings -
152.(b)(i): at the written request of the person who suffered the harm or loss; or
152.(b)(ii): at the written request of the Minister in respect of the damage caused to a water resource; and
152.(b)(iii): in the presence of the convicted person, enquire without pleadings into the harm, loss or damage and determine the extent thereof.

153.: Award of damages

After making a determination in terms of section 152, the Court may -
153.(a): award damages for the loss or harm suffered by the person referred to in section 152 against the accused;
153.(b): order the accused to pay for the cost of any remedial measures implemented or to be implemented; and
153.(c): order that the remedial measures to be implemented, be undertaken either by the accused or the relevant water management institution.

154.: Offences in relation to employer and employee relationships

Whenever an act or omission by an employee or agent -
154.(a): constitutes an offence in terms of this Act, and takes place with the express or implied permission of the employer or principal, as the case may be, the employer or principal, as the case may be, is, in addition to the employee or agent, liable to conviction for that offence; or
154.(b): would constitute an offence by the employer or principal, as the case may be, in terms of this Act, that employee or agent will in addition to that employer or principal be liable to conviction for that offence.

155.: Interdict or other order by High Court

A High Court may, on application by the Minister or the water management institution concerned, grant an interdict or any other appropriate order against any person who has contravened any provision of this Act, including an order to discontinue any activity constituting the contravention and to remedy the adverse effects of the contravention.