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South Africa
NATIONAL LEGISLATION OVERVIEWS
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National Water Act, No. 36 of 1998

Long title


To provide for fundamental reform of the law relating to water resources; to repeal certain laws; and to provide for matters connected therewith.

Table of contents

SECTION TITLE

PREAMBLE

INDEX

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

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

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

Part 1. Classification system for water resources
12.  Prescription of classification system

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

Part 3. The Reserve
16.  Determination of Reserve
17.  Preliminary determinations of Reserve
18.  Giving effect to Reserve

Part 4. Pollution prevention
19.  Prevention and remedying effects of pollution

Part 5. Emergency incidents
20. Control of emergency incidents

CHAPTER 4. USE OF WATER

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 the use of water

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

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

Part 4. Stream flow reduction activities
36. Declaration of stream flow reduction activities

Part 5. Controlled activities
37. Controlled activity
38. Declaration of certain activities as controlled activities

Part 6. General authorisations
39. General authorisations to use water

Part 7. Individual applications for licences
40. Application for licence
41. Procedure for licence applications
42. Reasons for decisions

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 schedule
47. Final allocation schedules
48. Licences replace previous entitlements

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

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

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

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

Part 1. Delegation, 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

Part 2. General provisions regarding regulations
69. Making of regulations
70. Consideration of regulations
71. Rejected regulations

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

Part 4. Powers of Director-General
75. Delegation of powers by Director-General
76. Appointment of persons on contract

CHAPTER 7. CATCHMENT MANAGEMENT AGENCIES

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

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

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

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

Part 1. Entry and inspection
124 Appointment of authorised persons
125 Powers and duties of authorised persons

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

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

Part 1. National monitoring systems
137 Establishment of national monitoring systems
138 Establishment of mechanisms to co-ordinate monitoring of water resources

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

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

Part 1. Liability
156. State bound
157. Limitation of liability
158. Amendment or substitution of instruments
159. Effect of delegation

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
163A. Amendments to this Act [...inserted by Act 2014_027_006_20140602]
164. Short title and commencement
Sch. 1. SCHEDULE 1. PERMISSIBLE USE OF WATER [s4(1);s22(1)(a)(i); and Sch3 Item2]
Sch. 2. SCHEDULE 2. PROCEDURAL MATTERS REGARDING SERVITUDES [s127(4) and s129(2)]
Sch. 3. SCHEDULE 3. POWERS WHICH MAY BE EXERCISED AND DUTIES TO BE PERFORMED BY CATCHMENT MANAGEMENT AGENCIES ON ASSIGNMENT OR DELEGATION [s72, s73 and s151(1)(l)]
Sch. 4. SCHEDULE 4. MANAGEMENT AND PLANNING OF WATER MANAGEMENT INSTITUTIONS [s79(2) and s82(4)]
Sch. 5. SCHEDULE 5. MODEL CONSTITUTION OF WATER USER ASSOCIATION [s91(1)(f) and s94(2)]
Sch. 6. SCHEDULE 6. WATER TRIBUNAL [s148(4)]
Sch. 7. SCHEDULE 7. ACTS REPEALED [s163(1)]
 
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