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NATIONAL LEGISLATION OVERVIEWS
NATIONAL LEGISLATION OVERVIEWS
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
Legislation Text Access Point
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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