National Water Act
Act No. 36, 1998
To provide for fundamental reform of the law relating to water resources; to repeal certain laws; and to provide for matter connected therewith.
The purpose of the Act is:
"to ensure that the national water resources are protected, used, developed, conserved, managed and controlled in ways which take into account amongst other factors-
meeting the basic human needs of present and future generations;
promoting equitable access to water
redressing the results of past racial and gender discrimination;
promoting the sufficient, sustainable and beneficial use of water in the public interest;
facilitating social and economic development;
providing for growing demand for water use;
protecting aquatic and associated ecosystems and their biological diversity;
reducing and preventing pollution and degeneration of water resources;
meeting international obligations;
promoting dam safety;
managing floods and droughts;
and for achieving this purpose, to establish sustainable institutions and to ensure that they have appropriate community, racial and gender representation."
Chapters of the National Water Act
Definitions and interpretation
Purpose of Act
Public trusteeship of nation’s water resources
Entitlement to water use
National water resource strategy
Catchment management strategies
Classification system for water resources
Classification of water resources and resource quality objectives
The Reserve
Pollution prevention
Emergency incidents
General principles
Considerations, conditions and essential requirements of general authorisations and licences
Existing lawful water uses
Stream flow reduction activities
Controlled activities
General authorisations
Individual applications for licences
Compulsory licences for water use in respect of specific resource
Review and renewal of licences, and amendment and substitution of conditions of licences
Contravention of or failure to comply with authorisations
Water use charges
Financial assistance
Delegation, directives, expropriation, condonation and additional powers
General provisions regarding regulations
Powers relating to catchment management agencies
Powers of Director-General
Establishment and powers of catchment management agencies
Governing board of catchment management agencies
Operations of catchment management agencies
Intervention, disestablishment or change of water management areas of catchment management agencies
Proposal for establishment of water user association
Procedure for establishment of water user association
Constitution of water user association
Powers of water user association
Directives to water user association
Winding up affairs of disestablished water user association
Transitional provisions for certain existing organisations
Establishment of advisory committees
Regulations regarding advisory committees
Transitional provisions relating to advisory committees
Establishment of’ bodies to implement international agreements
Governance and functions of bodies
Powers of bodies
Bodies must manage different functions as separate units
Reports on performance of’ functions
Investigation of affairs or financial position of bodies
Transitional provisions relating to existing bodies
Acquisition, construction, alteration, repair, operation and control of government waterworks
Consultation and environmental impact assessment
Financing of government waterworks
Water from government waterworks
Access to and use of government waterworks for recreational purposes
Government waterworks constructed before commencement of Act
Disposal of government waterworks
Regulations regarding government waterworks
Definitions
Control measures for dam with safety risk
Responsibilities of approved professional persons
Registration of dam with safety risk
Factors to be considered in declaring dam or category of dams with safety risk
Exemptions
Regulations regarding dam safety
Entry and Inspection
Servitudes
Waterworks and personal servitudes
National monitoring systems
National information systems of water resources
Information on floodlines, floods and droughts
Establishment of Water Tribunal
Operation of Water Tribunal
Appeals to Water Tribunal
Appeals from decisions of Water Tribunal
Mediation
Offences
Enquiry in respect of compensation for harm, loss or damage suffered
Award of damages
Offences in relation to employer and employee relationships
Interdict or other orderly High Court
Liability
Powers and Authorisations
Amendments and Authorisations
- 08 October 1999
- "To amend the National Water Act, 1998 so as to effect textual improvements; and to change the procedure for the appointment of members of the Water Tribunal; and to provide for matters connected therewith."
- Notice 509 of 2016
- "This General Authorisation replaces the need for a water user to apply for a licence in terms of the National Water Act (Act 36 of 1998) ( "the Act ") provided that the water use is within the limits and conditions of this General Authorisation."