| Previous | Table of Contents | Next |
The protection of water resources is fundamentally related to their use, development, conservation, management and control. Parts 1 , 2 and 3 of this Chapter lay down a series of measures which are together intended to ensure the comprehensive protection of all water resources. These measures are to be developed progressively within the contexts of the national water resource strategy and the catchment management strategies provided for in Chapter 2 . Parts 4 and 5 deal with measures to prevent the pollution of water resources and measures to remedy the effects of pollution of water resources.
Part 1 provides for the first stage in the protection process, which is the development by the Minister of a system to classify the nation's water resources. The system provides guidelines and procedures for determining different classes of water resources.
12.(1): As soon as is reasonably practicable, the Minister must prescribe a system for
classifying water resources.
12.(2): The system for classifying water resources may -
12.(2)(a): establish guidelines and procedures for determining different classes of water
resources;
12.(2)(b): in respect of each class of water resource -
12.(2)(b)(i): establish procedures for determining the Reserve;
12.(2)(b)(ii): establish procedures which are designed to satisfy the water quality
requirements of water users as far as is reasonably possible, without significantly
altering the natural water quality characteristics of the resource;
12.(2)(b)(iii): set out water uses for instream or land-based activities which activities
must be regulated or prohibited in order to protect the water resource; and
12.(2)(c): provide for such other matters relating to the protection, use, development,
conservation, management and control of water resources, as the Minister considers
necessary.
Under Part 2 the Minister is required to use the classification system established in Part 1 to determine the class and resource quality objectives of all or part of water resources considered to be significant. The purpose of the resource quality objectives is to establish clear goals relating to the quality of the relevant water resources. In determining resource quality objectives a balance must be sought between the need to protect and sustain water resources on the one hand, and the need to develop and use them on the other. Provision is made for preliminary determinations of the class and resource quality objectives of water resources before the formal classification system is established. Once the class of a water resource and the resource quality objectives have been determined they are binding on all authorities and institutions when exercising any power or performing any duty under this Act.
13.(1): As soon as reasonably practicable after the Minister has prescribed a system for
classifying water resources the Minister must, subject to subsection (4), by notice in the
Gazette, determine for all or part of every significant water resource -
13.(1)(a): a class in accordance with the prescribed classification system; and
13.(1)(b): resource quality objectives based on the class determined in terms of paragraph
(a).
13.(2): A notice in terms of subsection (1) must
state the geographical area in respect of which the resource quality objectives will
apply, the requirements for achieving the objectives, and the dates from which the
objectives will apply.
13.(3): The objectives determined in terms of subsection (1) may relate to -
13.(3)(a): the Reserve;
13.(3)(b): the instream flow;
13.(3)(c): the water level;
13.(3)(d): the presence and concentration of particular substances in the water;
13.(3)(e): the characteristics and quality of the water resource and the instream and
riparian habitat;
13.(3)(f): the characteristics and distribution of aquatic biota;
13.(3)(g): the regulation or prohibition of instream or land-based activities which may
affect the quantity of water in or quality of the water resource; and
13.(3)(h): any other characteristic, of the water resource in question.
13.(4): Before determining a class or the resource quality objectives in terms of
subsection (1), the Minister must in respect of each water resource -
13.(4)(a): publish a notice in the Gazette -
13.(4)(a)(i): setting out -
13.(4)(a)(i)(aa): the proposed class;
13.(4)(a)(i)(bb): the proposed resource quality objectives;
13.(4)(a)(i)(cc): the geographical area in respect of which the objectives will apply;
13.(4)(a)(i)(dd): the dates from which specific objectives will apply; and
13.(4)(a)(i)(ee): the requirements for complying with the objectives; and
13.(4)(a)(ii): inviting written comments to be submitted on the proposed class or proposed
resource quality objectives (as the case may be), specifying an address to which and a
date before which the comments are to be submitted, which date may not be earlier than 60
days after publication of the notice;
13.(4)(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
13.(4)(c): consider all comments received on or before the date specified in paragraph
(a)(ii).
14.(1): Until -
14.(1)(a): a system for classifying water resources has been prescribed; or
14.(1)(b): a class of a water resource or resource quality objectives has been determined,
the Minister may, for all or part of a water resource make a preliminary determination of
the class or resource quality objectives.
14.(2): A determination in terms of section 13
supersedes a preliminary determination.
The Minister, the Director-General, an organ of state and a water management institution, when exercising any power or performing any duty in terms of this Act, must give effect to any determination of a class of a water resource and the resource quality objectives as determined in terms of this Part and any requirements for complying with the resource quality objectives.
Part 3 deals with the Reserve, which consists of two parts - the basic human needs reserve and the ecological reserve. The basic human needs reserve provides for the essential needs of individuals served by the water resource in question and includes water for drinking, for food preparation and for personal hygiene. The ecological reserve relates to the water required to protect the aquatic ecosystems of the water resource. The Reserve refers to both the quantity and quality of the water in the resource, and will vary depending on the class of the resource. The Minister is required to determine the Reserve for all or part of any significant water resource. If a resource has not yet been classified, a preliminary determination of the Reserve may be made and later superseded by a new one. Once the Reserve is determined for a water resource it is binding in the same way as the class and the resource quality objectives.
16.(1): As soon as reasonably practicable after the class of all or part of a water
resource has been determined, the Minister must, by notice in the Gazette, determine the
Reserve for all or part of that water resource.
16.(2): A determination of the Reserve must -
16.(2)(a): be in accordance with the class of the water resource as determined in terms of
section 13; and
16.(2)(b): ensure that adequate allowance is made for each component of the Reserve.
16.(3): Before determining the Reserve in terms of subsection (1), the Minister must -
16.(3)(a): publish a notice in the Gazette -
16.(3)(a)(i): setting out the proposed Reserve; and
16.(3)(a)(ii): inviting written comments to be submitted on the proposed Reserve,
specifying an address to which and a date before which comments are to be submitted, which
date may not be earlier than 60 days after publication of the notice;
16.(3)(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
16.(3)(c): consider all comments received on or before the date specified in paragraph
(a)(ii).
17.(1): Until a system for classifying water resources has been prescribed or a class of a
water resource has been determined, the Minister -
17.(1)(a): may, for all or part of a water resource; and
17.(1)(b): must, before authorising the use of water under section 22(5) , make a preliminary determination of
the Reserve.
17.(2): A determination in terms of section 16(1)
supersedes a preliminary determination.
The Minister, the Director-General, an organ of state and a water management institution, must give effect to the Reserve as determined in terms of this Part when exercising any power or performing any duty in terms of this Act.
Part 4 deals with pollution prevention, and in particular the situation where pollution of a water resource occurs or might occur as a result of activities on land. The person who owns, controls, occupies or uses the land in question is responsible for taking measures to prevent pollution of water resources. If these measures are not taken, the catchment management agency concerned may itself do whatever is necessary to prevent the pollution or to remedy its effects, and to recover all reasonable costs from the persons responsible for the pollution.
19.(1): An owner of land, a person in control of land or a person who occupies or uses the
land on which -
19.(1)(a): any activity or process is or was performed or undertaken; or
19.(1)(b): any other situation exists, which causes, has caused or is likely to cause
pollution of a water resource, must take all reasonable measures to prevent any such
pollution from occurring, continuing or recurring.
19.(2): The measures referred to in subsection (1) may include measures to -
19.(2)(a): cease, modify or control any act or process causing the pollution;
19.(2)(b): comply with any prescribed waste standard or management practice;
19.(2)(c): contain or prevent the movement of pollutants;
19.(2)(d): eliminate any source of the pollution;
19.(2)(e): remedy the effects of the pollution; and
19.(2)(f): remedy the effects of any disturbance to the bed and banks of a watercourse.
19.(3): A catchment management agency may direct any person who fails to take the measures
required under subsection (1) to -
19.(3)(a): commence taking specific measures before a given date;
19.(3)(b): diligently continue with those measures; and
19.(3)(c): complete them before a given date.
19.(4): Should a person fail to comply, or comply inadequately with a directive given
under subsection (3), the catchment management agency may take the measures it considers
necessary to remedy the situation.
19.(5): Subject to subsection (6), a catchment
management agency may recover all costs incurred as a result of it acting under subsection
(4) jointly and severally from the following persons:
19.(5)(a): Any person who is or was responsible for, or who directly or indirectly
contributed to, the pollution or the potential pollution;
19.(5)(b):
the owner of the land at the time when the pollution or the potential for pollution occurred, or that owner's successor-in-title;
19.(5)(c): the person in control of the land or any person who has a right to use the land
at the time when -
19.(5)(c)(i): the activity or the process is or was performed or undertaken; or
19.(5)(c)(ii): the situation came about; or
19.(5)(d): any person who negligently failed to prevent -
19.(5)(d)(i): the activity or the process being performed or undertaken; or
19.(5)(d)(ii): the situation from coming about.
19.(6): The catchment management agency may in respect of the recovery of costs under subsection (5), claim from any other person who, in
the opinion of the catchment management agency, benefitted from the measures undertaken
under subsection (4), to the extent of such
benefit.
19.(7): The costs claimed under subsection (5) must be reasonable and may include, without
being limited to, labour, administrative and overhead costs.
19.(8): If more than one person is liable in terms of subsection
(5) , the catchment management agency must, at the request of any of those persons,
and after giving the others an opportunity to be heard, apportion the liability, but such
apportionment does not relieve any of them of their joint and several liability for the
full amount of the costs.
Part 5 deals with pollution of water resources following an emergency incident, such as an accident involving the spilling of a harmful substance that finds or may find its way into a water resource. The responsibility for remedying the situation rests with the person responsible for the incident or the substance involved. If there is a failure to act, the relevant catchment management agency may take the necessary steps and recover the costs from every responsible person.
20.(1): In this section ``incident'' includes any incident or accident in which a
substance -
20.(1)(a): pollutes or has the potential to pollute a water resource; or
20.(1)(b): has, or is likely to have, a detrimental effect on a water resource.
20.(2): In this section, ``responsible person'' includes any person who -
20.(2)(a): is responsible for the incident;
20.(2)(b): owns the substance involved in the incident; or
20.(2)(c): was in control of the substance involved in the incident at the time of the
incident.
20.(3): The responsible person, any other person involved in the incident or any other
person with knowledge of the incident must, as soon as reasonably practicable after
obtaining knowledge of the incident, report to -
20.(3)(a): the Department;
20.(3)(b): the South African Police Service or the relevant fire department; or
20.(3)(c): the relevant catchment management agency.
20.(4): A responsible person must -
20.(4)(a): take all reasonable measures to contain and minimise the effects of the
incident;
20.(4)(b): undertake clean-up procedures;
20.(4)(c): remedy the effects of the incident; and
20.(4)(d): take such measures as the catchment management agency may either verbally or in
writing direct within the time specified by such institution.
20.(5): A verbal directive must be confirmed in writing within 14 days, failing which it
will be deemed to have been withdrawn.
20.(6): Should -
20.(6)(a): the responsible person fail to comply, or inadequately comply with a directive;
or
20.(6)(b): it not be possible to give the directive to the responsible person timeously,
the catchment management agency may take the measures it considers necessary to -
20.(6)(b)(i): contain and minimise the effects of the incident;
20.(6)(b)(ii): undertake clean-up procedures; and
20.(6)(b)(iii): remedy the effects of the incident.
20.(7): The catchment management agency may recover all reasonable costs incurred by it
from every responsible person jointly and severally.
20.(8): The costs claimed under subsection (7) may include, without being limited to,
labour, administration and overhead costs.
20.(9): If more than one person is liable in terms of subsection (7), the catchment
management agency must, at the request of any of those persons, and after giving the
others an opportunity to be heard, apportion the liability, but such apportionment does
not relieve any of them of their joint and several liability for the full amount of the
costs.
| Previous | Table of Contents | Next |