GOVERNMENT GAZETTE NO. 20526 8 October 1999
GOVERNMENT NOTICE
Department of Water and Sanitation AND FORESTRY
GENERAL AUTHORISATIONS IN TERMS OF SECTION 39 OF THE NATIONAL WATER ACT, 1998 (ACT NO. 36 OF 1998)
I, ARTHUR MICHAEL MULLER, in my capacity as Director-General of the Department of Water and Sanitation, and duly authorised in terms of section 63 of the National Water Act, 1998 (Act No. 36 of 1998), do hereby authorise all or any category of persons to use water in terms of section 39(1) of the National Water Act, read together with section 21, in respect of the General Authorisations contained in the Schedule hereto.
DIRECTOR-GENERAL: WATER AND SANITATION
1. THE TAKING OF WATER FROM A WATER RESOURCE AND STORAGE OF WATER
[Section 21(a) and (b)]
Purpose of this authorisation
1.1. The authorisation permitted in terms of this Schedule replaces the need for a water user to apply for a licence in terms of the National Water Act for the abstraction or storage of water from a water resource, provided that the abstraction or storage is within the limits and conditions set out in this authorisation.
1.2. This authorisation does not apply-
(a) to any determination as regards abstraction and storage in respect of a government water control area, a government water work, a catchment control area or an irrigation district as defined in the Water Act, 1956 (Act No. 54 of 1956) prior to its repeal;
(b) to a person who does not have lawful access to any waterwork or water resource; and
to wetlands, the dewatering of mines or storage of water underground.
Compliance with National Water Act and other laws
1.3.(1) This authorisation does not-
(a) apply to any water use under Schedule 1 of the National Water Act;
(b) replace any existing authorisation that is recognised under the National Water Act; or
(c) exempt a person who uses water from compliance with any other provision of the National Water Act unless stated otherwise in this notice, or any other applicable law, regulation, ordinance or by-law.
(2) In the case of the abstraction of water for industrial purposes the provisions of section 7 of the Water Services Act, 1997 (Act No. 108 of 1997), must be met.
(3) A person who uses water in terms of this authorisation is exempt from compliance with section 22(2)(e) of the National Water Act.
Area of applicability
1.4 This authorisation is applicable throughout the Republic of South Africa, except as excluded in paragraph 1.2.(a) above and the areas set out in-
(a) Table 1.1 for surface water abstraction; and
(b) Table 1.2 for groundwater abstraction.
Duration of authorisation
1.5. This authorisation will be valid for a period of five years from the date of publication of this notice, unless-
(a) it is amended at any review period, which period shall be at intervals of two years from the date of publication of this notice;
(b) the period is extended by a further notice in the Gazette; or
(c) the water user is required to apply for a licence in terms of the National Water Act.
Definitions
1.6. In this authorisation unless the context indicates otherwise, any word or expression to which a meaning has been assigned in terms of the National Water Act shall have that meaning, and-
(i) "abstraction" means taking water from a water resource;
(ii) "monitoring programme" means a programme for taking regular measurements of the quantity and/or quality of a water resource, waste or wastewater discharge at specified intervals and at specific locations to determine the chemical, physical and biological nature of the water resource, waste or wastewater discharge; and
(iii) “storage” means storing water not containing waste, in a watercourse or off-channel storage.
Abstraction and storage
1.7. A person who-
(i) owns or lawfully occupies property registered at the Deeds Office as at the date of this notice; or
(ii) lawfully occupies or uses land that is not registered or surveyed,
outside of the areas as excluded in paragraph 1.2.(a) above and as set out in Table 1.1 and Table 1.2, may on that property or land,
abstract groundwater as set out in Table 1.3;
(b) abstract surface water at a rate of up to 25 litres per second-
(i) for the irrigation of up to 25 hectares of land, at 6 000 cubic metres per hectare per annum; or
(ii) for purposes other than irrigation, up to 100 cubic metres on any given day; and
(c) store up to 50 000 cubic metres of water.
Registration of water use
1.8.(1) A person who uses water in terms of this authorisation must submit a registration form obtained from the Department for the registration of the water use before commencement of-
(a) abstracting more than 50 cubic metres from surface water or 10 cubic metres from groundwater on any given day; or
(b) storing more than 10 000 cubic metres of water.
(2) On written acknowledgement of receipt of the application form by the Department, the person will be regarded as a registered water user.
(3) The registered user must comply with any regulation promulgated in terms of section 26(1)(c) of the National Water Act.
Precautionary practices
1.9.(1) The registered user must ensure that any dam complies with the requirements of Chapter 12 of the National Water Act.
(2) The registered user must follow acceptable construction, maintenance and operational practices to ensure the consistent, effective and safe performance of the abstraction and storage of water.
(3) Where water is stored in a watercourse, the registered user must take reasonable measures to ensure that the movement of aquatic species is not prevented, including those species which normally migrate through the watercourse.
Record-keeping and disclosure of information
1.10.(1) The registered user must ensure the establishment of monitoring programmes to measure the quantity of water abstracted and/or stored, as follows-
(a) the quantity of groundwater or surface water abstracted must be metered or gauged and the total recorded as at the last day of each month;
(b) in the case of irrigation and where no meter or gauge is used, the quantity of water abstracted may be calculated according to methods set by the Responsible Authority; and
(c) the quantity of water stored recorded as at the last day of each month.
(2) Upon the written request of the Responsible Authority the registered user must-
(a) ensure the establishment of any additional monitoring programmes; and
(b) appoint a competent person to assess the water use measurements made in terms of this authorisation and submit the findings to the Responsible Authority for evaluation.
(3) Subject to paragraph 1.10.(2) above, the registered user must, for at least five years, keep a written record of all taking and storage of surface or groundwater which information must be made available upon written request to the Responsible Authority.
Inspections
1.11. Any property or land in respect of which a water use has been authorised in terms of this notice must be made available for inspection by an authorised person in terms of section 125 of the National Water Act.
Offences
1.12. Any person who contravenes any provision of this authorisation is guilty of an offence and is subject to the penalty set out in section 151(2) of the National Water Act.
NOTE: Information regarding the drainage regions referred to in Tables 1.1, 1.2 and 1.3 can be obtained from the Department, upon written request.
TABLE 1.1 Areas excluded from General Authorisation for surface water abstraction
|
Primary drainage region |
Secondary/Tertiary/Quaternary drainage region and excluded resources |
Description of main river in drainage region for information purposes |
|
A |
All catchments |
Limpopo River |
|
B |
All catchments |
Olifants River |
|
C |
C10, C20, C40, C50, C60, C70, C80 & C90 |
Vaal River |
|
D |
Orange River downstream of Gariep Dam |
|
|
D13 |
Kraai River |
|
|
E |
Olifants River |
|
|
E10A to K |
Olifants River above the confluence with the Doring River |
|
|
E21 |
Groot River |
|
|
G |
G10 G21 G22 G30 G40A to E G40L & M |
Berg River Diep River Eerste River Verlorevlei River Bot River Klein River, Uilkraals River |
|
H
|
H20A, B, D, E, F, G & H H30 H40
H60A, B & C
H80A to E |
Hex River Kingna River Breede River downstream of Brandvlei Dam to confluence with the Kingna River Tributaries of the Sonderend River upstream of the Theewaterskloof Dam Duivenhoks River |
|
J
|
J12 J25 J31 to 35 J40C |
Touws River Gamka River Olifants River Langtou and Weyers Rivers |
|
K
|
K10 K20 K40C K50 & K60 K70B K80A to F
K90A to G |
Little Brak River Great Brak River Karatara River Knysna, Keurbooms Rivers Bloukrans River Lottering, Storms, Sandrif, Groot, Tsitsikamma, Klippedrift Rivers Kromme, Seekoei, Kabeljous Rivers |
|
L
|
L81 L82 L90 |
Baviaanskloof River Kouga River Lower Gamtoos River |
|
M
|
M10 M20 M30 |
Swartkops River Maitland River Van Stadens River |
|
N |
Sundays River downstream of Darlington Dam |
|
|
Skoenmakers River downstream of Skoenmakers Canal Outlet |
||
|
N11, N12 N12A, B & C |
Sundays River upstream of Vanrynevelds Pass Dam Gats River |
|
|
P
|
P10 P30 P40 |
Bushmans River Kowie River Kariega River |
|
Q |
Great Fish River, Little Fish River |
|
|
Q41A, Q41B, Q41C, Q41D, Q44A, Q44B Q42A & B Q43A & B Q44A & B |
Tarka River Elands River Vlekpoort River Lake Authur |
|
|
R
|
R20 R30A, B, C & D R30E & F |
Buffels River Kwenxura, Kwelera, Gonubie Rivers Nahoon River |
|
S
|
S10 A to E S20A to C S32A to C S32D & E S32F S40A, B & C S50A, B & C S60A & B S60C & D S70C |
White Kei River upstream of the Xonxa Dam Indwe River upstream of the Lubisi Dam Swart Kei River upstream of the Klipplaat confluence Klipplaat River upstream of Waterdown Dam Oxkraal River upstream of the Oxkraal Dam Thorn, Thomas Rivers Tsomo, Kwa-Qokwama and Mbokotwa Rivers Kubusi River upstream of Wriggleswade Dam Toise River Xilinxa River upstream of the Xilinxa Dam |
|
T |
T11A & B T20A & B T35A, B, C, D, F & G |
Slang, Xuka Rivers Mtata River upstream of Mtata Dam Tsitsa, Pot, Mooi, Inxu, Wildebees, Gatberg Rivers |
|
U |
U20 & U40 |
Mgeni, Mvoti Rivers |
|
V |
V11 V20 V60 V70 |
Upper Thukela River Mooi River Sundays River Bushmans River |
|
W
|
W12 W21A W30 |
Mhlatuze River White Mfolozi River upstream of Klipfontein Dam Hluhluwe and Mkuzi Rivers |
|
X |
All catchments |
Nkomati River |
TABLE 1.2 Subterranean government water control areas excluded from General Authorisation for groundwater abstraction
|
Primary drainage region |
Tertiary/ Quaternary drainage region |
Description of subterranean government water control area |
Government Notice No. |
Government Gazette Date |
|
H |
H30 |
Baden |
136 |
1967-06-16 |
|
A |
A30 |
Bo-Molopo |
1324 |
1963-08-30 |
|
C |
C30 |
Bo-Molopo |
1993 |
1965-12-17 |
|
D |
D41 |
Bo-Molopo |
R634 |
1966-04-29 |
|
A |
A24 |
Crocodile River Valley |
208 |
1981-10-23 |
|
A |
A21 |
Crocodile River Valley |
18 |
1983-02-18 |
|
A |
A21, A22 |
Kroondal-Marikana |
180 |
1963-06-17 |
|
G |
G10,G30 |
Lower Berg River Valley/Saldanha |
185 |
1976-09-10 |
|
A,B |
A60,B50,B31 |
Nyl River Valley |
56 |
1971-03-26 |
|
G |
G30 |
Strandfontein |
2463 |
1988-12-09 |
|
M |
M10,M20,M30 |
Uitenhage |
260 |
1957-08-23 |
|
G |
G30 |
Wadrif |
992 |
1990-05-11 |
|
G |
G20 |
Yzerfontein |
27 |
1990-02-09 |
|
G |
G30 |
Graafwater |
1423 |
1990-06-29 |
|
A |
A70 |
Dendron-Vivo |
813 |
1994-04-29 |
|
A |
A60 |
Dorpsrivier |
312 |
1990-02-16 |
|
C |
C24 |
Ventersdorp |
777 |
1995-06-02 |
Table 1.3 Groundwater Abstraction Zones: Tertiary and Quaternary Drainage Regions
|
ZONE A No water may be abstracted from these drainage regions except as set out under Schedule 1 of the National Water Act |
ZONE B
60 m3 per hectare per annum may be abstracted from these drainage regions |
ZONE C
300 m3 per hectare per annum may be abstracted from these drainage regions |
ZONE D
750 m3 per hectare per annum may be abstracted from these drainage regions |
||
|
A10C |
A10A,B |
J13 – all |
A21D,L |
T12,T13 – all |
A21A,B |
|
A24J |
A21C,E,F,G,H,J,K |
J21A |
A22J |
T20A,B,C |
C22B,D |
|
A32D,E |
A22A,B,C,D,E,F,G,H |
J22A,B,C,D,G |
A23B,C,F,G,H,J,K,L |
T31A,B,C,D,F,G,H |
E10A,B,C |
|
A63A |
A23A,D,E |
J23E |
A24A |
T33E,F,G |
G10A,B,E,G |
|
A71K,L |
A24D,E,F,H |
J24A,F |
A24B,C,G |
T34G,H |
G21B |
|
A80G,J |
A31A,B,D,E,F,G,H,J |
J31D |
A31C |
T35E,H,J,K |
G22A,B,C,D,F |
|
A92D |
A32, | ||||