IWQS Home Page

Chapter 2: WATER MANAGEMENT STRATEGIES

Chapter 2 Part 1: National water resource strategy

5.: Establishment of national water resource strategy

5.(1):

Subject to subsection (4), the Minister must, as soon as reasonably practicable, by notice in the Gazette, establish a national water resource strategy.

5.(2): The notice must state the address where the strategy may be inspected.
5.(3): The water resources of the Republic must be protected, used, developed, conserved, managed and controlled in accordance with the national water resource strategy.
5.(4): A national water resource strategy -
5.(4)(a): may be established in a phased and progressive manner and in separate components over time; and
5.(4)(b): must be reviewed at intervals of not more than five years.
5.(5): Before establishing a national water resource strategy or any component of that strategy in terms of subsection (1), the Minister must -
5.(5)(a): publish a notice in the Gazette -
5.(5)(a)(i): setting out a summary of the proposed strategy or the component in question;
5.(5)(a)(ii): stating the address where the proposed strategy or the component in question is available for inspection; and
5.(5)(a)(iii): inviting written comments to be submitted on the proposed strategy or the component in question, specifying an address to which and a date before which comments must be submitted, which date may not be earlier than 90 days after publication of the notice;
5.(5)(b): consider what further steps, if any, are appropriate to bring the contents of the notice to the attention of interested persons, and take those steps which the Minister considers to be appropriate; and
5.(5)(c): consider all comments received on or before the date specified in paragraph (a)(iii).

6.: Contents of national water resource strategy

6.(1): The national water resource strategy must, subject to section 5(4)(a) -
6.(1)(a): set out the strategies, objectives, plans, guidelines and procedures of the Minister and institutional arrangements relating to the protection, use, development, conservation, management and control of water resources within the framework of existing relevant government policy in order to achieve -
6.(1)(a)(i): the purpose of this Act; and
6.(1)(a)(ii): any compulsory national standards prescribed under section 9(1) of the Water Services Act, 1997 (Act No. 108 of 1997);
6.(1)(b): provide for at least -
6.(1)(b)(i): the requirements of the Reserve and identify, where appropriate, water resources from which particular requirements must be met;
6.(1)(b)(ii): international rights and obligations;
6.(1)(b)(iii): actions to be taken to meet projected future water needs; and
6.(1)(b)(iv): water use of strategic importance;
6.(1)(c): establish water management areas and determine their boundaries;
6.(1)(d): contain estimates of present and future water requirements;
6.(1)(e): state the total quantity of water available within each water management area;
6.(1)(f): state water management area surpluses or deficits;
6.(1)(g): provide for inter-catchment water transfers between surplus water management areas and deficit water management areas;
6.(1)(h): set out principles relating to water conservation and water demand management;
6.(1)(i): state the objectives in respect of water quality to be achieved through the classification system for water resources provided for in this Act;
6.(1)(j): contain objectives for the establishment of institutions to undertake water resource management;
6.(1)(k): determine the inter-relationship between institutions involved in water resource management; and
6.(1)(l): promote the management of catchments within a water management area in a holistic and integrated manner.
6.(2): In determining a water management area in terms of subsection (1)(c), the Minister must take into account -
6.(2)(a): watercourse catchment boundaries;
6.(2)(b): social and economic development patterns;
6.(2)(c): efficiency considerations; and
6.(2)(d): communal interests within the area in question.

7.: Giving effect to national water resource strategy

The Minister, the Director-General, an organ of state and a water management institution must give effect to the national water resource strategy when exercising any power or performing any duty in terms of this Act.

Chapter 2 Part 2: Catchment management strategies

8.: Establishment of catchment management strategies

8.(1): A catchment management agency contemplated in Chapter 7 must, by notice in the Gazette, establish a catchment management strategy for the protection, use, development, conservation, management and control of water resources within its water management area.
8.(2): The notice must state the address where the strategy may be inspected.
8.(3): A catchment management strategy -
8.(3)(a): may be established in a phased and progressive manner and in separate components over time; and
8.(3)(b): must be reviewed at intervals of not more than five years.
8.(4): A catchment management strategy or any component of that strategy may only be established with the written consent of the Minister.
8.(5): Before establishing a catchment management strategy or any component of that strategy in terms of subsection (1), a catchment management agency must -
8.(5)(a): publish a notice in the Gazette -
8.(5)(a)(i): setting out a summary of the proposed catchment management strategy or the component in question;
8.(5)(a)(ii): stating the address where the proposed strategy or the component in question is available for inspection; and
8.(5)(a)(iii): inviting written comments to be submitted on the proposed strategy or the component in question, specifying an address to which and a date before which comments must be submitted, which date may not be earlier than 90 days after publication of the notice;
8.(5)(b): consider what further steps, if any, are appropriate to bring the contents of the notice to the attention of interested persons, and take those steps which the catchment management agency considers to be appropriate; and
8.(5)(c): consider all comments received on or before the date specified in paragraph (a)(iii).

9.: Contents of catchment management strategy

A catchment management strategy must -
9.(a): take into account the class of water resources and resource quality objectives contemplated in Chapter 3 , the requirements of the Reserve and, where applicable, international obligations;
9.(b): not be in conflict with the national water resource strategy;
9.(c): set out the strategies, objectives, plans, guidelines and procedures of the catchment management agency for the protection, use, development, conservation, management and control of water resources within its water management area;
9.(d): take into account the geology, demography, land use, climate, vegetation and waterworks within its water management area;
9.(e): contain water allocation plans which are subject to section 23 , and which must set out principles for allocating water, taking into account the factors mentioned in section 27(1);
9.(f): take account of any relevant national or regional plans prepared in terms of any other law, including any development plan adopted in terms of the Water Services Act, 1997 (Act No. 108 of 1997);
9.(g): enable the public to participate in managing the water resources within its water management area;
9.(h): take into account the needs and expectations of existing and potential water users; and
9.(i): set out the institutions to be established.

10.: Guidelines for and consultation on catchment management strategies

10.(1): The Minister may establish guidelines for the preparation of catchment management strategies.
10.(2): In developing a catchment management strategy, a catchment management agency must consult with -
10.(2)(a): the Minister;
10.(2)(b): any organ of state which has an interest in the content, effect or implementation of the catchment management strategy; and
10.(2)(c): any persons, or their representative organisations -
10.(2)(c)(i): whose activities affect or might affect water resources within its water management area; and
10.(2)(c)(ii): who have an interest in the content, effect or implementation of the catchment management strategy.
10.(3): A catchment management agency must, before the publication of a notice in terms of section 8(5)(a), refer to the Minister for consideration and determination, any proposed component of a catchment management strategy which in the opinion of the catchment management agency -
10.(3)(a): raises a material question of policy; or
10.(3)(b): raises a question concerning -
10.(3)(b)(i): the relationship between the Department and other organs of state; or
10.(3)(b)(ii): the relationship between organs of state and their respective roles in developing or implementing a catchment management strategy.

11.: Giving effect to catchment management strategies

The Minister and the catchment management agency concerned must give effect to any catchment management strategy established under this Part when exercising any power or performing any duty in terms of this Act.