(Nedlac)The National Economic Development and Labour Council

Bills

NATIONAL WATER BILL, 1998

Important notes:

1. At its meeting on 21st January 1998 Cabinet approved the presentation of the National Water Bill, 1998 to Parliament during the 1998 session.

2. The Bill will be tabled in Parliament in February 1998.

3. Subsequently the Bill will be scrutinised by the Portfolio Committee on Agriculture, Water Affairs and Forestry, which will invite public comment on the Bill, and hold public hearings to discuss its contents.

4. The Bill is made available at this stage to enable those who have an interest in commenting, or making representations to the Portfolio Committee to study the Bill and to prepare their inputs. The formal invitation to comment will however be issued by the Chairperson of the Portfolio Committee immediately after the Bill has been tabled in Parliament.

5. Written comments on the Bill should be addressed to the Director-General (National Water Bill) at:

Department of Water Affairs and Forestry or Fax: (012) 338 8666
Private Bag X 313
Pretoria
0001

and marked for the attention of Mr. Hadley Kavin, who will pass them on to the Portfolio Committee.

6. Copies of this Bill are available in hard copy (paper format) on request from Ms. Marieta Steyn on telephone (012) 338 8745, or fax (012) 326 2630.

7. Relevant dates in this process (deadlines for receipt of comments, dates of Portfolio Committee activities, etc) will be made known in writing to those who have requested paper copies from the Department of Water Affairs and Forestry, and will also be posted on the web site.

Department of Water Affairs and Forestry

22nd January 1998

NATIONAL WATER BILL, 1998

INDEX

CHAPTER 1 : INTRODUCTION AND FUNDAMENTAL PRinciPLES

1 Purpose of this Act
2 Definitions and interpretation
3 National Government is public trustee of the nation's water resources
4 Entitlement to water use

CHAPTER 2 : WATER MANAGEMENT STRATEGIES

5 Water resources must be managed in accordance with the national water resource strategy

Part 1: National water resource strategy

6 The Minister must establish a national water resource strategy
7 Contents of the national water resource strategy
8 Giving effect to the national water resource strategy

Part 2: Catchment management strategies

9 Catchment management agencies must establish catchment management strategies
10 Contents of a catchment management strategy
11 Guidelines for and consultation on catchment management strategies
12 Giving effect to catchment management strategies

CHAPTER 3 : PROTECTION OF WATER RESOURCES

Part 1: Classification system for water resources

13 Minister must prescribe the system for classifying water resources

Part 2: Determination of the class of water resources and resource quality objectives

14 Director-General must determine the class of water resources and resource quality objectives for any significant water resource
15 Director-General may make preliminary determinations of a class or resource quality objectives of a water resource
16 Giving effect to the determination of the class of a water resource and resource quality objectives

Part 3: The Reserve

17 Director-General must determine the Reserve for water resources
18 Director-General may make preliminary determinations of the Reserve
19 Giving effect to the Reserve

Part 4: Pollution prevention

20 Prevention and remedying the effects of pollution

Part 5: Emergency incidents

21 Control of emergency incidents

CHAPTER 4 : USE OF WATER

Part 1: General Principles

22 What water use is
23 Permissible water use
24 Director-General may determine the quantity of water to be allocated by responsible authorities
25 Licences for use of water found underground on the property of another person
26 Temporary transfer of water use authorisations for irrigation
27 Minister may make regulations on the use of water

Part 2: Considerations, conditions and essential requirements of general authorisations and licences

28 Considerations for the issue of general authorisations and licences
29 Essential requirements of licences
30 Conditions which may be attached to general authorisations and licences
31 Security by licence applicant
32 Guarantee of supply

Part 3: Existing lawful water uses

33 What constitutes an existing lawful water use
34 Responsible authorities may declare a water use to be an existing lawful water use
35 Authority to continue with existing lawful water use
36 Responsible authorities may require licences for existing water uses

Part 4: Stream flow reduction activities

37 Minister may declare stream flow reduction activities

Part 5: Controlled activities

38 What a controlled activity is
39 Minister may declare certain activities to be controlled activities

Part 6: General authorisations

40 Responsible authorities may issue general authorisations to use water

Part 7: Individual applications for licences

41 Persons may apply for licences to responsible authorities
42 Procedure to apply for licences for water use
43 Reasons for decisions

Part 8: Compulsory licences for water use in respect of a specific resource

44 Responsible authorities may invite persons to apply for licences
45 Procedure to deal with late applications for licences
46 Responsible authorities may require further information on applications for licences
47 Responsible authorities must propose allocation schedules
48 Responsible authorities must prepare preliminary allocation schedules
49 Responsible authorities must issue licences according to final allocation schedules
50 Licences under this Part replace previous entitlements

Part 9: Review and renewal of licences, and amendment and substitution of conditions of licences

51 Responsible authorities may review licences, and may amend or substitute conditions of licences
52 Responsible authorities may make formal amendments to licences
53 Conflicting claims relating to successors-in-title
54 Procedure for earlier renewal or amendment of licences

Part 10: Breaching of and failure to comply with authorisations

55 Responsible authorities may direct persons to remedy contraventions
56 Responsible authorities may suspend or withdraw licences
57 Persons may surrender licences

CHAPTER 5 : FINANCIAL PROVISIONS

Part 1: Water use charges

58 Minister may establish a pricing policy for water use charges
59 Application of the pricing policy for water use charges
60 Recovery of water use charges
61 Liability for a water use charge
62 Water use charges are charges on land
63 Effect of restriction or suspension of water use

Part 2: Financial assistance

64 Director-General may give financial assistance
65 Minister may make regulations on financial assistance

CHAPTER 6 : GENERAL POWERS, FUNCTIONS AND RESPONSIBILITIES OF THE MINISTER

Part 1: Delegation, directives, expropriation and additional powers

66 Minister may delegate powers, functions and duties
67 Minister may give directives to the Director-General
68 Expropriation of property
69 Registration of servitudes acquired through expropriation
70 Power to extend or condone failure to comply with a time period
71 Intervention in litigation

Part 2: Procedure to make regulations

72 Procedure to make any regulations under this Act
73 Consideration of regulations

CHAPTER 7 : GENERAL POWERS, FUNCTIONS AND RESPONSIBILITIES OF THE DIRECTOR-GENERAL

74 The Director-General has the responsibility to manage the nation's water resources
75 When the powers, functions and duties of responsible authorities and catchment management agencies vest in the Director-General
76 The Director-General may assign powers, functions and duties to water management institutions
77 The Director-General may delegate powers, functions or duties
78 Dispensing with requirements of this Act in urgent cases
79 The Director-General may give directives to water management institutions
80 The Director-General may appoint employees on contract

CHAPTER 8 : CATCHMENT MANAGEMENT AGENCIES

Part 1: Establishment and powers of catchment management agencies

81 Procedure to establish catchment management agencies
82 Proposals to establish catchment management agencies
83 General powers, functions and duties of catchment management agencies
84 Original functions of catchment management agencies

Part 2: The governing Boards of catchment management agencies

85 Appointment of governing Boards of catchment management agencies
86 First meeting of governing Boards of catchment management agencies
87 Minister may remove members from governing Boards and appoint substitutes

Part 3: Operation of catchment management agencies

88 Funding of catchment management agencies
89 Catchment management agencies may establish committees
90 Serving of documents on the Director-General
91 Catchment management agencies may delegate their powers, functions or duties

Part 4: Intervention, disestablishment or change of water management areas of catchment management agencies

92 Director-General may intervene
93 Minister may disestablish catchment management agencies
94 Minister may direct a transfer of assets and liabilities after a change of water management area or disestablishment

CHAPTER 9 : WATER USER ASSOCIATIONS

95 Procedure to establish water user associations
96 Proposals to establish water user associations
97 Provisions of constitutions of water user associations
98 Powers, functions and duties of water user associations
99 Director-General may give directives to water user associations
100 Minister may disestablish water user associations
101 Winding up affairs of disestablished water user associations
102 Transitional provisions for certain existing organisations

CHAPTER 10 : ADVISORY COMMITTEES

103 Minister may establish advisory committees
104 Minister may make regulations on advisory committees
105 Transitional provisions relating to advisory committees

CHAPTER 11 : INTERNATIONAL WATER MANAGEMENT

106 Minister may establish bodies to implement international agreements
107 Governance and functions of bodies
108 Powers of bodies
109 Bodies must manage different functions as separate units
110 Bodies must issue reports on the performance of functions
111 Investigating the affairs or financial position of bodies
112 Transitional provisions relating to existing bodies

CHAPTER 12 : NATIONAL WATER UTILITY

113 Minister may establish a national water utility
114 Competencies and powers of the national water utility
115 Minister may make regulations on the national water utility

CHAPTER 13 : GOVERNMENT WATERWORKS

116 Minister may acquire, construct, alter, repair, operate and control government waterworks
117 Minister must consult and obtain an environmental impact assessment before constructing government waterworks
118 Financing of government waterworks
119 Director-General may make water available from government waterworks
120 Access to and use of government waterworks for recreational purposes
121 Government waterworks constructed before commencement of this Act
122 Disposal of government waterworks
123 Minister may make regulations on recreation at government waterworks

CHAPTER 14 : SAFETY OF DAMS

124 Definitions on safety of dams
125 Control measures for a dam with a safety risk
126 Responsibilities of approved professional persons
127 Registration of a dam with a safety risk
128 Factors to be considered in declaring or prescribing a dam with a safety risk
129 Director-General may exempt persons from this Chapter
130 Minister may make regulations on dam safety

CHAPTER 15 : ACCESS TO AND RIGHTS OVER LAND

Part 1: Entry and inspection

131 Appointment of persons authorised to enter and inspect properties
132 Powers of persons appointed to enter and inspect properties

Part 2: Servitudes

133 Definitions of servitudes
134 Acquisition of servitudes
135 Rights and duties of servitude holders and landowners
136 Procedure to acquire and amend servitudes
137 Powers of High Courts in respect of claims for servitudes
138 Compensation payable for granting of servitudes
139 Cancellation of servitudes that have lapsed
140 Noting of servitudes and amendments by endorsement against title deeds
141 Noting of cancellation of servitudes by endorsement against title deeds
142 Joint waterwork involving servitude

Part 3: Waterworks and personal servitudes

143 Ownership of waterworks placed in good faith
144 Personal servitudes may be transferred

CHAPTER 16 : MONITORING, ASSESSMENT AND INFORMATION

Part 1: National monitoring networks

145 Director-General must establish national monitoring networks
146 Director-General must establish mechanisms to co-ordinate the monitoring of water resources

Part 2: National information systems on water resources

147 Director-General must establish national information systems
148 Objectives of national information systems
149 Director-General may require persons to provide information
150 Access to information
151 Minister may make regulations for monitoring, assessment and information

Part 3: Information on flood lines, floods and droughts

152 Flood lines on plans in respect of establishment of townships
153 Water management institutions have a duty to make information available to the public

CHAPTER 17 : APPEALS AND DISPUTE RESOLUTION

154 Establishment of the Water Appeal Board
155 Operation of the Water Appeal Board
156 Appeals to the Water Appeal Board
157 Appeals from decisions of the Water Appeal Board
158 Mediation

CHAPTER 18 : OFFENCES, REMEDIES AND PRESUMPTIONS

159 Offences
160 Harm, loss and damage suffered
161 General presumption
162 Offences in relation to employer and employee relationships
163 A High Court may order the removal of the cause of a stream flow reduction
164 Water management institutions may retain possession of waterworks

CHAPTER 19 : GENERAL AND TRANSITIONAL PROVISIONS

Part 1: Liability

165 State bound
166 Limitation of liability
167 Amendment, substitution and withdrawal of instruments
168 Effect of delegation

Part 2: Powers and authorisations

169 Documents deemed to be properly authorised under certain circumstances
170 Documents and steps valid under certain circumstances
171 Service of documents
172 Repeal of laws and savings
173 Short title and commencement

SCHEDULES

I. PERMISSIBLE USE OF WATER

II. CONTROLLED ACTIVITIES

III. PROCEDURAL ASPECTS FOR SERVITUDES

IV. POWERS, FUNCTIONS AND DUTIES WHICH MAY BE EXERCISED BY CATCHMENT MANAGEMENT AGENCIES ON ASSIGNMENT OR DELEGATION

V. INSTITUTIONAL MANAGEMENT AND PLANNING

VI. MODEL CONSTITUTION OF A WATER USER ASSOCIATION

VII. WATER APPEAL BOARD

VIII. ACTS REPEALED

BILL

To provide for fundamental changes to the law relating to water resources; to provide for the responsibility of National Government towards the nation's water resources; to provide for the continued availability of sufficient water for basic human and ecological needs; to promote, regulate and otherwise provide for the protection, use, development, conservation, management and control of water resources; to promote the integrated management of water resources; to provide for the establishment of catchment management agencies and other water management institutions; to provide for charges for all forms of water use; to provide for the systematic collection, evaluation and dissemination of information relating to water resources; to control dams with a safety risk; and to provide for related matters.

PREAMBLE

Recognising that water is a scarce and unevenly distributed national resource which occurs in many different forms which are all part of a unitary, inter-dependent cycle;

Recognising that while water is a natural resource that belongs to all people, the discriminatory laws and practices of the past have prevented their equal access to water, and the use of water resources;

Acknowledging National Government's overall responsibility for and authority over the nation's water resources and their use, including the equitable allocation of water for beneficial use, the territorial redistribution of water, and international water matters;

Recognising that the ultimate aim of water resource management is to achieve the sustainable use of water for the benefit of all users;

Recognising that the protection of the quality of water resources is necessary to ensure sustainability of the nation's water resources in the interests of all water users; and

Recognising the need for the integrated management of all aspects of water resources and, where appropriate, its delegation to a regional or catchment level to enable everyone to participate;

BE IT ENACTED by the Parliament of the Republic of South Africa as follows-

CHAPTER 1

INTRODUCTION AND FUNDAMENTAL PRinciPLES

This Chapter sets out the fundamental principles of this Act. Sustainability and equity are identified as central guiding principles in the protection, use, development, conservation, management and control of water resources. These guiding principles recognise the basic human needs of present and future generations, the need to protect water resources, the need to share some water resources with other countries, and the need to promote social and economic development through the use of water. National Government, acting through the Minister, is responsible for the achievement of these purposes and the constitutional mandate for water reform. Being empowered to act on behalf of the nation, the Minister has the ultimate responsibility to fulfil certain obligations related to the use, allocation and protection of and access to water resources.

This Chapter also contains definitions explaining the meaning of certain words for the purpose of the Act.

1 Purpose of this Act

(1) The purpose of this Act is to ensure that the nation's water resources are protected, used, developed, conserved, managed and controlled in ways which take account of, amongst other factors, the following-

(a) meeting the basic human needs of present and future generations;

(b) promoting equitable access to water;

(d) promoting the efficient, sustainable and beneficial use of water in the public interest;

(e) facilitating social and economic development;

(f) providing for growing demands for water use;

(g) protecting aquatic and associated ecosystems and their biological diversity;

(h) reducing and preventing pollution and degradation of water resources;

(i) meeting international obligations;

(j) promoting dam safety; and

(k) managing floods and droughts.

(2) When interpreting a provision of this Act any reasonable interpretation of that provision which is consistent with the purpose of this Act must be preferred over any alternative interpretation which is inconsistent with the purpose of this Act.

2 Definitions and interpretation

(1) In this Act, unless the context shows that another meaning is intended-

(a) "aquifer" means a geological formation which has structures or textures that hold water or permit appreciable water movement through them;

(b) "borehole" includes a well, excavation or any artificially constructed or improved underground cavity used or to be used for the purpose of-

(i) intercepting, collecting or storing water in or removing water from an aquifer;

(ii) observing and collecting data and information on water in an aquifer; or

(iii) recharging an aquifer;

(d) "conservation" in relation to a water resource means the efficient use and saving of water, achieved through measures such as water saving devices, water efficient processes, water demand management, and water rationing;

(e) "Constitution" means the Constitution of the Republic of South Africa, 1996 (Act 108 of 1996);

(f) "coastal marine waters" includes that part of the sea between the high water mark and the edge of the continental shelf;

(g) "Department" means the Department of Water Affairs and Forestry;

(h) "Director-General" means the Director-General of the Department of Water Affairs and Forestry;

(i) "government water work" means a waterwork owned or controlled by the Minister and includes the land on which it is situated;

(j) "estuary" means a partially or fully enclosed body of water-

(i) which is open to the sea permanently or periodically; and

(ii) within which the sea water can be diluted, to an extent that is measurable, with fresh water drained from land;

(k) "instream habitat'' includes the physical structure of a water resource and the associated vegetation in relation to the bed of the watercourse.

(l) "Minister" means the Minister of Water Affairs and Forestry;

(m) "organ of state'' has the meaning set out in section 239 of the Constitution;

(n) "person" includes a natural or juristic person, an unincorporated body or association, an organ of state, the Minister, or the Director-General;

(o) "pollution" in relation to a water resource means the direct or indirect alteration of the physical, chemical or biological properties of the water resource so as to make it-

(i) less fit for any beneficial purpose for which it is or may reasonably be expected to be used; or

(ii) harmful or potentially harmful-

(aa) to the welfare, health or safety of human beings;

(bb) to any aquatic or non-aquatic organisms;

(cc) to the resource quality; or

(dd) to property;

(p) "prescribe" means prescribe by regulation;

(q) "protection" in relation to a water resource means-

(i) maintenance of the quality of the water resource to the extent that the water resource may be used in an ecologically sustainable way; and

(ii) prevention of the degradation of the water resource; or

(iii) the rehabilitation of the water resource;

(r) "Reserve" means that quantity and quality of water required-

(i) to satisfy basic human needs for all people who are, or who may be, supplied from the relevant water resource; and

(ii) to protect aquatic ecosystems in order to secure ecologically sustainable development and use of the relevant water resource;

(s) "resource quality" means the quality of all the aspects of a water resource including-

(i) the quantity, pattern, timing, water level and assurance of instream flow;

(ii) the water quality, including the physical, chemical and biological characteristics of the water;

(iii) the character and condition of the instream and riparian habitat; and

(iv) the characteristics, condition and distribution of the aquatic biota;

(t) "responsible authority" in relation to a specific power, function or duty bestowed upon it in any section of this Act in relation to water use authorisations is the Director-General, unless that power, function or duty has been assigned under section 76 to a water management institution, in which event it is that water management institution;

(u) "riparian habitat" includes the physical structure and associated vegetation of the areas adjacent to and associated with a watercourse which are commonly characterised by alluvial soils, and which are inundated or flooded to an extent and with frequency sufficient to support vegetation of species with a composition and physical structure distinct from those of adjacent land areas;

(v) "this Act" includes any regulations made under this Act and the Schedules to this Act;

(w) "waste" includes any solid material or material that is suspended, dissolved or transported in water (including sediment) and which is spilled or deposited on land or into a water resource in such volume, composition or manner as to cause, or to be reasonably likely to cause, the water resource to be polluted;

(x) " watercourse" means-

(i) a river or spring;

(ii) a natural channel in which water flows regularly or intermittently;

(iii) a wetland, lake or dam into which, or from which, water flows; and

(iv) any collection of water which the Director-General may, by notice in the Gazette, declare to be a watercourse,

and a reference to a watercourse includes, where relevant, its bed and banks;

(y) "water management institution" means a catchment management agency, a water user association, a body responsible for international water management or the national water utility, and includes the Director-General when performing the functions of any water management institution;

(z) "water resource" includes a watercourse, surface water, estuary, or aquifer or any other underground collection of water;

(aa) "water use" means a use of water as set out in section 22;

(bb) "waterwork" includes any borehole, structure, earthwork or equipment installed or used for or in connection with water use;

(cc) "wetland" means land which is transitional between terrestrial and aquatic systems where the water table is usually at or near the surface, or the land is periodically covered with shallow water, and which land in normal circumstances supports or would support vegetation typically adapted to life in saturated soil.

(2) In this Act, where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have, unless the contrary intention appears in the relevant provisions, corresponding meanings.

(3) Explanatory notes at the commencement of Chapters and Parts must not be used in the interpretation of any provision of this Act.

(4) Any directive or notice given under this Act must be in writing, unless otherwise specified in this Act.

3 National Government is public trustee of the nation's water resources

(1) National Government, through the Minister, is granted the powers under this Act, as the public trustee of the nation's water resources, to ensure that water is protected, used, developed, conserved, managed and controlled in a sustainable and equitable manner, for the benefit of all persons and in accordance with its constitutional mandate.

(2) Without limiting subsection (1), the Minister is ultimately responsible to ensure that water is allocated equitably and used beneficially in the public interest, while promoting environmental values.

(3) National Government has the power to regulate the use, flow and control of all water in the Republic.

4 Entitlement to water use

(1) A person may use water in or from a water resource for purposes such as reasonable domestic use, fire fighting and recreational purposes, as set out in Schedule I.

(2) A person may continue with an existing lawful water use in accordance with section 35.

(3) A person may use water in terms of a general authorisation or licence under this Act.

(4) Any entitlement granted to a person under this Act replaces any entitlement to water use which that person might otherwise have been able to enjoy or enforce under any other Act or law -

(a) to take or use water;

(b) to obstruct or divert a flow of water;

(d) to receive any particular flow of water;

(e) to receive a flow of water of any particular quality; or

(f) to construct, operate or maintain any waterwork.

CHAPTER 2

WATER MANAGEMENT STRATEGIES

This Chapter deals with the development of strategies to facilitate the proper management of water resources.

Part 1 requires the progressive development, by the Minister, after consultation with society at large, of a national water resource strategy. The national water resource strategy provides the framework for the protection, use, development, conservation, management and control of water resources for the country as a whole. It also provides the framework within which water will be managed at the regional or catchment level, in defined water management areas. The national water resource strategy, which must be formally reviewed from time to time, is binding on all authorities and institutions exercising powers, functions and duties under this Act.

Part 2 requires every catchment management agency to progressively develop a catchment management strategy for the water resources within its water management area. Catchment management strategies must be in harmony with the national water resource strategy. In the process of developing this strategy, a catchment management agency must seek co-operation and agreement on water-related matters from the various stakeholders and interested persons. The catchment management strategy, which must be reviewed from time to time, will include a water allocation plan, which will set principles for allocating water to existing and prospective users, taking into account all matters relevant to the protection, use, development, conservation, management and control of water resources.

5 Water resources must be managed in accordance with the national water resource strategy

The water resources in the Republic must be protected, used, developed, conserved, managed and controlled in accordance with the national water resource strategy referred to in section 6.

Part 1 : National water resource strategy

6 The Minister must establish a national water resource strategy

(1) Subject to subsection (3) the Minister must, as soon as reasonably practicable, by notice in the Gazette, establish a national water resource strategy for the protection, use, development, conservation, management and control of water resources. The notice must state the address where the strategy may be inspected.

(2) A national water resource strategy-

(a) may be established in a phased and progressive manner and in separate components over time; and

(b) must be reviewed at intervals of not more than five years.

(3) Before establishing a national water resource strategy under subsection (1), the Minister must-

(a) publish a notice in the Gazette-

(i) setting out a summary of the proposed strategy;

(ii) stating the address where the proposed strategy is available for inspection; and

(iii) inviting written comments to be submitted on the proposed strategy, specifying an address at which and a date before which comments must be submitted, which date may not be earlier than 30 days after publication of the notice in the Gazette; and

(b) consider all comments received on or before the date specified in subsection (3)(a)(iii).

7 Contents of the national water resource strategy

The national water resource strategy must, subject to section 6(2)(a)-

(a) set out the policies, strategies, objectives, plans, guidelines and procedures of National Government relating to the protection, use, development, conservation, management and control of water resources;

(b) provide for-

(i) the requirements of the Reserve;

(ii) international rights and obligations; and

(iii) projected future water needs;

(c) determine water management areas in which the protection, use, development, conservation, management and control of water resources must be effected;

(d) contain estimates of present, and projections of future, water requirements;

(e) state the total quantity of water available within each water management area;

(f) state water management area surpluses or deficits;

(g) provide for inter-catchment water transfers between surplus water management areas and deficit water management areas;

(h) set principles relating to water conservation and water demand management; and

(i) contain any other matter relating to water resources which the Minister considers desirable.

8 Giving effect to the national water resource strategy

The Minister, the Director-General, an organ of state and a water management institution must give effect to the national water resource strategy established under this Part when exercising any power or performing any function or duty under this Act.

Part 2: Catchment management strategies

9 Catchment management agencies must establish catchment management strategies

(1) Subject to subsections (3) and (4) a catchment management agency established under section 81(1) must, by notice in the Gazette, establish a catchment management strategy for the protection, use, development, conservation, management and control of water resources within its water management area. The notice must state the address where the strategy may be inspected.

(2) A catchment management strategy-

(a) may be established in a phased and progressive manner and in separate components over time; and

(b) must be reviewed at intervals of not more than five years.

(3) A catchment management strategy may only be established with the written consent of the Director-General.

(4) Before establishing a catchment management strategy under subsection (1), a catchment management agency must-

(a) publish a notice in the Gazette-

(i) setting out a summary of the proposed catchment management strategy;

(ii) stating the address where the proposed strategy is available for inspection; and

(b) consider all comments received on or before the date specified in subsection (4)(a)(iii).

10 Contents of a catchment management strategy

A catchment management strategy must-

(a) take into account the class of water resources and resource quality objectives as provided for in section 14, the requirements of the Reserve and, where applicable, international obligations;

(b) not be in conflict with the national water resource strategy;

(c) set out the policies, strategies, objectives, plans, guidelines and procedures of the catchment management agency for the protection, use, development, conservation, management and control of water resources within its water management area;

(d) take into account the geology, demography, land use, climate, vegetation and waterworks within its water management area;

(e) contain water allocation plans which are subject to section 24, and which must set principles for allocating water, taking into account the factors listed in section 28(1);

(f) take account of any relevant national or regional plans prepared under any other Act;

(g) enable persons to participate in managing the water resources within its water management area; and

(h) take into account the needs and expectations of existing and potential water users.

11 Guidelines for and consultation on catchment management strategies

(1) The Director-General may establish guidelines for preparing catchment management strategies.

(2) In developing a catchment management strategy, a catchment management agency must consult with-

(a) the Director-General;

(b) any organ of state which that catchment management agency considers appropriate and which has an interest in the content, effect or implementation of the catchment management strategy; and

(i) whose activities affect or may affect water resources within its water management area; and

(ii) who have an interest in the content, effect or implementation of the catchment management strategy.

(3) A catchment management agency must, before the publication of a notice under section 9(4)(a), refer to the Director-General for consideration and determination of any proposed component of a catchment management strategy which in the opinion of the catchment management agency-

(a) raises a significant issue of policy; or

(b) raises an issue concerning-

(i) the relationship between the Department and other organs of state; or

(ii) the relationship between organs of state and their respective roles in developing or implementing a catchment management strategy.

12 Giving effect to catchment management strategies

The Director-General and the catchment management agency concerned must give effect to any catchment management strategy established under this Part when exercising any power or performing any function or duty under this Act.

CHAPTER 3

PROTECTION OF WATER RESOURCES

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.

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.

Under Part 2 the Director-General 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 functions or duties under this Act.

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 concerned 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 Director-General is required to determine the Reserve for all or part of any significant water resource. Water in the Reserve may not be allocated under Chapter 4. If a resource has not yet been classified, a preliminary determination of the Reserve may be made and later substituted 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.

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 or uses the land in question is responsible for taking measures to prevent pollution of water resources. If these measures are not taken, the water management institution concerned may itself do whatever is necessary to prevent the pollution or to remedy its effects, and to recover all reasonable costs proportionally from the persons responsible for the pollution.

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 water management institution may take the necessary steps to recover the costs from every responsible person.

Part 1: Classification system for water resources

13 Minister must prescribe the system for classifying water resources

(1) As soon as reasonably practicable, the Minister must prescribe a system for classifying water resources.

(2) The system for classifying water resources may-

(a) establish guidelines and procedures for determining different classes of water resources;

(b) in respect of each class of water resource-

(i) establish procedures for determining the Reserve;

(ii) establish procedures to satisfy the water quality requirements of water users as far as reasonably possible, without significantly altering the natural water quality characteristics of the resource;

(iii) set out water uses for instream or land-based activities which must be regulated or prohibited in order to protect the water resource; and

(c) provide for any other matters relating to the protection, use, development, conservation, management and control of water resources, as the Minister considers appropriate.

Part 2: Determination of the class of water resources and resource quality objectives

14 Director-General must determine the class of water resources and resource quality objectives for any significant water resource

(1) As soon as reasonably practicable after the Minister has prescribed a system for classifying water resources under section 13(1), and subject to subsection (4), the Director-General must, in accordance with that system and by notice in the Gazette, determine for all or part of any water resource which the Director-General considers to be significant-

(a) a class for each water resource in accordance with the prescribed classification system; and

(b) resource quality objectives based on the class determined under subsection (1)(a).

(2) A notice under 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 upon which the objectives will apply.

(3) The objectives determined under subsection (1) may relate to-

(a) the Reserve;

(b) the instream flow;

(d) the presence and concentration of particular substances in the water;

(e) the characteristics and quality of the water resource and the instream and riparian habitat;

(f) the characteristics and distribution of aquatic biota;

(g) the regulation or prohibition of instream or land-based activities which may affect the quantity or quality of the water resource; and

(h) any other characteristic,

of the water resource concerned.

(4) Before determining a class or the resource quality objectives under subsection (1), the Director-General must, in respect of the water resource concerned -

(a) publish a notice in the Gazette-

(i) setting out-

(aa) the proposed class; and

(bb) the proposed resource quality objectives; the geographical area in respect of which the objectives will apply; dates upon which specific objectives will apply; and the requirements for complying with the objectives;

(ii) inviting written comments to be submitted on the proposed class or proposed resource quality objectives (as the case may be), specifying an address at and a date before which the comments are to be submitted, which date may not be earlier than 30 days after publication of the notice in the Gazette; and

(b) consider all comments received on or before the date specified in subsection (4)(a)(ii).

15 Director-General may make preliminary determinations of a class or resource quality objectives of a water resource

(1) If-

(a) a system for classifying water resources has not been prescribed under section 13(1); or

(b) a class of a water resource or resource quality objectives has not been determined under section 14(1),

the Director-General may, for all or part of a water resource which the Director-General considers to be significant, make a preliminary determination of the class or resource quality objectives according to criteria and procedures that the Director-General considers appropriate.

(2) A preliminary determination under subsection (1) must be substituted by a determination under section 14(1) once the relevant class or resource quality objectives of that water resource has been determined.

16 Giving effect to the determination of the class of a water resource and resource quality objectives

The Minister, the Director-General, an organ of state and a water management institution, when exercising any power or performing any function or duty under this Act, must give effect to any determination of a class of a water resource and the resource quality objectives determined under this Part and any requirements for complying with the resource quality objectives.

Part 3: The Reserve

17 Director-General must determine the Reserve for water resources

(1) As soon as reasonably practicable after the class of all or part of a water resource has been determined under section 14(1), the Director-General must, by notice in the Gazette, determine the Reserve for all or part of that water resource.

(2) A determination of the Reserve must-

(a) be in accordance with the class of the water resource determined under section 14(1); and

(b) ensure that adequate allowance is made for each component of the Reserve.

(3) Before determining the Reserve under subsection (1), the Director-General must-

(a) publish a notice in the Gazette -

(i) setting out the proposed Reserve; and

(ii) inviting written comments to be submitted on the proposed Reserve, specifying an address at and a date before which comments are to be submitted, which date may not be earlier than 30 days after publication of the notice in the Gazette; and

(b) consider all comments received on or before the date specified in subsection (3)(a)(ii).

18 Director-General may make preliminary determinations of the Reserve

(1) If-

(a) a system for classifying water resources has not been prescribed under section 13(1); or

(b) a class of a water resource has not been determined under section 14(1),

the Director-General-

(i) may, for all or part of a water resource; and

(ii) must, before acting under section 23(5),

make a preliminary determination of the Reserve according to criteria and procedures that the Director-General considers appropriate.

(2) A preliminary determination under subsection (1) must be substituted by a determination under section 17(1) once the relevant class of that water resource has been determined.

19 Giving effect to the Reserve

The Minister, the Director-General, an organ of state and a water management institution, must give effect to the Reserve determined under this Part when exercising any power or performing any function or duty under this Act.

Part 4: Pollution prevention

20 Prevention and remedying the effects of pollution

(1) An owner of land, a person in control of land or a person who has a right to use the land on which-

(a) any activity or process is or was performed or undertaken; or

(b) any other situation exists,

which causes, has caused or is likely to cause pollution of a water resource or coastal marine waters, must take all reasonable measures to prevent any pollution from occurring, continuing or recurring.

(2) The measures referred to in subsection (1) may include measures to-

(a) cease, modify or control any act or process causing the pollution;

(b) comply with any relevant waste standard or management practice under section 27(1)(h), (i) and (j);

(d) eliminate any source of the pollution;

(e) remedy the effects of the pollution; and

(f) remedy the effects of any disturbance to the bed and banks of a watercourse.

(3) A water management institution may direct any person who fails to take the measures required under subsection (1) to-

(a) commence taking specific measures before a given date, which measures and date the water management institution considers reasonable;

(b) diligently continue with those measures; and

(4) Should a person fail to comply, or inadequately comply, with a directive under subsection (3), the water management institution may take the measures it considers necessary to remedy the situation.

(5) Subject to subsection (6), a water management institution may recover all costs incurred as a result of it acting under subsection (4) from any or all of the following persons-

(a) any person who is or was responsible for, or who directly or indirectly contributed to, the pollution or the potential pollution;

(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;

(i) the activity or the process is or was performed or undertaken; or

(ii) the situation came about; or

(d) any person who negligently failed to prevent-

(i) the activity or the process being performed or undertaken; or

(ii) the situation from coming about.

(6) The water management institution may in respect of the recovery of costs under subsection (5), claim proportionally from any other person who, in the opinion of the water management institution, benefited from the measures undertaken under subsection (4).

(7) The costs claimed under subsection (5) must be reasonable and may include, without being limited to, labour, administrative and overhead costs.

(8) If more than one person is liable under subsection (5), the liability may be apportioned among the persons concerned according to the degree to which each was at fault.

(9) The Minister may prescribe the criteria to be applied in determining the extent of liability of any person under subsections (5) and (6).

Part 5: Emergency incidents

21 Control of emergency incidents

(1) In this section "incident" includes any incident or accident in which a substance-

(a) pollutes or has the potential to pollute a water resource; or

(b) has a detrimental effect, or is likely to have a detrimental effect, on a water resource or any users of the water resource.

(2) In this section, "responsible person" includes any person who-

(a) is responsible for the incident;

(b) owns the substance involved in the incident; or

(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 knowledge of the incident, report to-

(a) the Department;

(b) the South African Police Services or the relevant Fire Department; or

(4) A responsible person must-

(a) take all reasonable measures to contain and minimise the effects of the incident;

(b) undertake clean-up procedures; and

(5) The water management institution may either verbally or in writing direct the responsible person to undertake specific measures within a specific time to fulfil his or her obligations under subsection (4).

(6) A verbal directive must be confirmed in writing within 7 days.

(7) Should-

(a) the responsible person fail to comply, or inadequately comply with a directive under subsection (5);

(b) there be uncertainty as to who the responsible person is; or

the water management institution may take the measures it considers necessary to-

(i) contain and minimise the effects of the incident;

(ii) undertake clean-up procedures; and

(iii) remedy the effects of the incident.

(8) The water management institution may claim reimbursement of all reasonable costs incurred by it from every responsible person jointly and severally.

CHAPTER 4

USE OF WATER

As this Act is founded on the principle that National Government has overall responsibility for and authority over water resource management, including the equitable allocation and beneficial use of water, a person can only be entitled to use water if the use is permissible under the Act. This Chapter is therefore of central significance to the Act, as it lays the basis for regulating water use. The various types of licensed and unlicensed entitlements to use water are dealt with in detail.

Part 1: General Principles

This Part sets out general principles for regulating water use. Water use is defined broadly, and includes taking and storing water, activities which reduce stream flow, waste discharges and disposals, controlled activities (declared activities which impact detrimentally on a water resource), altering a watercourse, removing water found underground for certain purposes, and recreation. In general a water use must be licensed unless it is listed in Schedule I, is an existing lawful use, is permissible under a general authorisation, or if a responsible authority waives the need for a licence. (Provision is however made for general authorisations and existing lawful uses to be converted to licensed uses under certain circumstances). The Director-General may limit the amount of water which a responsible authority may allocate. In making regulations the Minister may differentiate between different water resources, classes of water resources and geographical areas.

22 What water use is

For the purpose of this Act, water use includes-

(a) taking water from a water resource or coastal marine waters;

(b) storing water;

(d) engaging in a stream flow reduction activity declared under section 37(1) or identified as such in section 37(4);

(e) engaging in a controlled activity identified as such in Schedule II or declared under section 39(1);

(f) discharging waste or water containing waste into a water resource or coastal marine waters through a pipe, canal, sewer, sea outfall or other conduit;

(g) disposing of waste in a manner which may detrimentally impact on a water resource or coastal marine waters;

(h) disposing in any manner of water which contains waste from, or which has been heated in, any industrial or power generation process;

(i) altering the bed, banks, course or characteristics of a watercourse;

(j) removing, discharging or disposing of water found underground if it is necessary for the efficient continuation of an activity or for the safety of people; and

(k) using water for recreational purposes.

23 Permissible water use

(1) A person may only use water-

(a) without a licence-

(i) if that water use is permissible under Schedule I;

(ii) if that water use is permissible as a continuation of an existing lawful use; or

(iii) if that water use is permissible under a general authorisation issued under section 40(1);

(b) if the water use is authorised by a licence under this Act; or

(2) A person who uses water under subsection (1)-

(a) must use the water subject to any condition of the relevant authorisation for that use;

(b) is subject to any limitation, restriction or prohibition under this Act or any other applicable law;

(c) in the case of the discharge or disposal of waste or water containing waste under section 22(f), (g), (h) or (j), must comply with any applicable waste standards or management practices prescribed under section 27(1)(h) and (i), unless the conditions of the relevant authorisation provide otherwise;

(d) may not waste that water; and

(e) must return any seepage, run-off or water containing waste which emanates from that use, to the water resource from which the water was taken, unless the responsible authority directs otherwise or the relevant authorisation provides otherwise.

(3) A responsible authority may dispense with the requirement for a licence for water use if it is satisfied that the purpose of this Act will be met by the grant of a licence, permit or other authorisation under any other law.

(4) In the interests of co-operative governance, a responsible authority may promote arrangements with other organs of state to combine their respective licence requirements into a single licence requirement.

(5) A responsible authority may, subject to section 18, authorise the use of water before any of the following have been complied with-

(a) a national water resource strategy under Part 1 of Chapter 2 has been established;

(b) a catchment management strategy in respect of the water resource concerned under Part 2 of Chapter 2 has been established;

(d) the class and resource quality objective for the water resource concerned has been determined under Part 2 of Chapter 3; and

(e) the Reserve for the water resource concerned has been determined.

(6) Any person who is required or has an opportunity to apply for a licence or a renewal of a licence under this Act in respect of an existing entitlement to use water and -

(a) has the application refused; or

(b) is granted a licence for a lesser use than the existing entitlement,

such that this constitutes the destruction of or severe prejudice to the economic viability of the undertaking in respect of which the water was or could have been beneficially used, may, subject to subsections (7), (8) and (9), claim compensation for any financial loss suffered in consequence.

(7) The amount of any compensation under subsection (6) must be determined-

(a) in accordance with section 25(3) of the Constitution; and

(b) by disregarding any reduction in the original entitlement made in order to-

(i) provide for the Reserve;

(ii) rectify an over-allocation of water use from the resource concerned; or

(iii) rectify an unfair or disproportionate water use.

(8) A claim for compensation under subsection (6) must be lodged with the Water Appeal Board -

(a) within six months of the refusal of the licence application concerned; or

(b) within six months of the issue of the licence pursuant to the application concerned.

(9) The Water Appeal Board may on application by any of the parties determine the compensation, if any, with due regard to the provisions of subsection (7).

(10) A responsible authority may reconsider and reach a different decision on the granting of a licence referred to in subsection (6) within a period of 30 days after a determination of compensation in terms of subsection (9), in which event the determination shall lapse, provided that no such application may be reconsidered by the responsible authority under this subsection more than once.

24 Director-General may determine the quantity of water to be allocated by responsible authorities

(1) Subject to the national water resource strategy established under Part 1 of Chapter 2, the Director-General may determine the total quantity of water which a responsible authority may allocate under a general authorisation or licence from water resources in its water management area.

(2) If a national water resource strategy has not been established, the Director-General may make a preliminary determination of the total quantity of water which a responsible authority may allocate.

(3) A preliminary determination under subsection (2) must be substituted by a determination under subsection (1) once the national water resource strategy has been established.

(4) In making the determinations under subsections (1) and (2) the Director-General must take account of the water available in the resource.

(5) A responsible authority must comply with the determinations under subsections (1) and (2).

25 Licences for use of water found underground on the property of another person

A licence may not be granted to use water found underground on land not owned by the applicant except with the consent of the owner of the land unless, in the opinion of the responsible authority, there is good reason to do so.

26 Temporary transfer of water use authorisations for irrigation

Subject to section 27(1), a water management institution may, on the request of a person authorised to use water for irrigation under this Act, allow that person on a temporary basis and on such conditions which the water management institution may determine, to use some or all of that water for a different purpose, or to allow the use of some or all of that water by the same person or by another person on another property in the same vicinity for the same or a similar purpose.

27 Minister may make regulations on the use of water

(1) Subject to subsection (4), the Minister may make regulations-

(a) limiting or restricting the purpose, manner or extent of water use;

(b) requiring that the use of water from a water resource be monitored, measured and recorded;

(d) prescribing norms and standards for the design, construction, installation, operation and maintenance of waterworks;

(e) regulating the design, construction, installation, operation and maintenance of any waterwork, in order to protect a water resource or coastal marine waters;

(f) requiring qualifications for and registration of persons authorised to design, construct, install, operate and maintain any waterwork, in order to protect the public and to safeguard human life and property;

(g) regulating or prohibiting any activity in order to protect a water resource, instream or riparian habitat, or coastal marine waters;

(h) prescribing waste standards which specify the quantity, quality and temperature of waste which may be discharged or deposited into or allowed to enter a water resource or coastal marine waters;

(i) prescribing management practices to be used to treat waste, or any class of waste, before it is discharged or deposited into or allowed to enter a water resource or coastal marine waters;

(j) requiring that waste discharged or deposited into or allowed to enter a water resource or coastal marine waters be monitored and analysed, and prescribing methods for such monitoring and analysis;

(k) prescribing procedural requirements for licence applications; and

(l) relating to transactions in respect of authorisations to use water, including but not limited to-

(i) the circumstances under which a transaction may be permitted;

(ii) the conditions subject to which a transaction may take place; and

(iii) the procedure to deal with a transaction;

(m) prescribing a methodology or methodologies for making a volumetric determination of water to be ascribed to a stream flow reduction activity for purposes of water use allocation and the imposition of charges; and

(n) prescribing procedures for the allocation of water by means of public tender or auction.

(2) Regulations made under subsection (1) may-

(a) differentiate between different water resources and different classes of water resources; and

(b) differentiate between different geographical areas.

(3) Regulations made under subsection (1)(h), (i) and (j) may-

(a) contain general provisions applicable to all waste; and

(b) contain specific provisions applicable to waste with specific characteristics.

(4) The Minister must take into account all relevant considerations, including the need to -

(a) promote the economic and sustainable use of water;

(b) conserve and protect water resources, instream and riparian habitat, or coastal marine waters;

(d) facilitate the management of water use and waterworks;

(e) facilitate the monitoring of water use and water resources; and

(f) facilitate the imposition and recovery of charges.

Part 2: Considerations, conditions and essential requirements

of general authorisations and licences

This Part deals with matters relevant to all general authorisations and licences issued under the Act. It guides responsible authorities in the exercise of their discretion to issue and to attach conditions to general authorisations and licences. It also sets out the essential features of licences, such as effective periods, purposes and places for which they may be issued, and the nature of conditions that may be attached to them. The granting of a licence does not imply any guarantee regarding the availability or quality of water which it covers.

28 Considerations for the issue of general authorisations and licences

(1) In exercising its powers to issue a general authorisation or licence under this Chapter, a responsible authority must take into account all relevant factors including-

(a) existing lawful water uses;

(b) the need to redress the results of past racial and gender discrimination;

(d) the socio-economic impact of the water use or uses to be authorised;

(e) any catchment management strategy applicable to the relevant resource;

(f) the effect of the water use or uses to be authorised on the water resource and on other water users;

(g) the class and the resource quality objectives of the water resource; and

(h) investments made by a water user in respect of the water use or water uses to be authorised.

(2) A responsible authority may not issue a licence to itself without the written approval of the Director-General, or where the responsible authority is the Director-General, the Minister.

29 Essential requirements of licences

(1) A licence under this Chapter-

(a) must be issued-

(i) for an indefinite period, subject to termination by notice, the notice period to be stated in the licence, which notice period may not exceed 40 years; or

(ii) for a fixed period which must be stated in the licence, and which may not exceed 40 years,

and is subject to review under section 51.

(b) must be issued for a use or uses specified in the licence;

(i) in respect of a property or area specified in the licence; and

(ii) to a water user or potential water user specified in the licence; and

(d) may be issued subject to any conditions under section 30.

(2) Subject to section 53, a successor-in-title of any person to whom a licence to use water has been issued-

(a) may, subject to the conditions of the relevant licence, continue with the water use; and

(b) must promptly inform the responsible authority of the succession, for the substitution of the name of the licensee for the remainder of the term.

30 Conditions which may be attached to general authorisations and licences

(1) A responsible authority may attach conditions to every general authorisation or licence-

(a) relating to the protection of-

(i) the water resource concerned;

(ii) the stream flow regime; and

(iii) other existing and potential water users;

(b) relating to water management by-

(i) specifying management practices and general requirements for any water use, including water conservation measures;

(ii) requiring the monitoring, analysis and reporting on of every water use and specifying measuring and recording devices, and imposing a duty to measure and record aspects of water use;

(iii) requiring the preparation of, approval of, and adherence to a water management plan;

(iv) requiring the payment of charges for water use as provided for in Chapter 5;

(v) requiring the licensee to provide water to a person specified in the licence; and

(vi) in the case of a general authorisation, requiring the registration of the water use with the responsible authority and the payment of a registration fee as a pre-condition of that use;

(i) specifying a water resource to which it must be returned or other manner in which it must be disposed of;

(ii) specifying permissible levels for some or all of its chemical and physical components; and

(iii) specifying treatment to which it must be subjected, before it is discharged;

(d) in the case of a controlled activity-

(i) specifying the waste treatment, pollution control and monitoring equipment to be installed, maintained and operated; and

(ii) specifying the management practices to be followed to prevent the pollution of any water resource;

(e) in the case of taking or storage of water-

(i) setting out the specific quantity of water or percentage of flow which may be taken;

(ii) setting out the rate of abstraction;

(iii) specifying the construction of a borehole and the method of abstraction from the borehole;

(iv) specifying the place from where water may be taken;

(v) specifying the times when water may be taken;

(vi) identifying or limiting the area of land on which any water taken from a resource may be used;

(vii) limiting the quantity of water which may be stored;

(viii) specifying locations where water may be stored; and

(ix) requiring the licensee to become a member of a water user association before water may be taken;

(f) in the case of a stream flow reduction activity-

(i) specifying practices to be followed to limit stream flow reduction and other detrimental impacts on water resources; and

(ii) setting or applying a methodology or methodologies for determining the extent of the stream flow reduction caused by the licensed activity;

(g) in the case of a licence, which have been agreed to by the licensee;

(h) which are necessary or desirable to achieve the purpose for which the licence was issued; and

(i) which are necessary or desirable to ensure compliance with the provisions of this Act.

(2) If a licensee has agreed to pay compensation to another person in terms of any arrangement to use water, then the responsible authority may make the obligation to pay compensation a condition of a licence.

31 Security by licence applicant

(1) A responsible authority may, if it considers it necessary for the protection of the water resource or property, require the applicant to give security in respect of any obligation or potential obligation arising from a licence to be issued under this Act.

(2) The security referred to in subsection (1) may include any of the following-

(i) a letter of credit from a bank;

(ii) a surety or a bank guarantee;

(iii) a bond;

(iv) an insurance policy; or

(v) any other form of security that the responsible authority considers appropriate.

(3) A responsible authority must determine the type, extent and duration of any security required.

(4) The duration of the security may extend beyond the time period specified in the licence concerned.

(5) If the responsible authority requires security in the form of an insurance policy, it may require that it be jointly insured under or be a beneficiary of the insurance policy. Where appropriate, the responsible authority is deemed to have an insurable interest in the subject-matter of the insurance policy.

(6) A person may apply in writing to the responsible authority to have any security given by that person under this section amended or discharged at any time, which application may not be unreasonably refused.

32 Guarantee of supply

The issue of a licence to use water does not imply a guarantee relating to-

(a) the statistical probability of supply;

(b) the availability of water; or

Part 3: Existing lawful water uses

This Part permits the continuation under certain conditions of an existing water use derived from a law repealed by this Act. An existing lawful water use, with any conditions attached, is recognised but may continue only to the extent that it is not limited, prohibited or terminated by this Act. No licence is required to continue with an existing lawful water use until a responsible authority requires a person claiming such an entitlement to apply for a licence. If a licence is issued it becomes the source of authority for the water use. If a licence is not granted the use is no longer permissible.

33 What constitutes an existing lawful water use

(1) Subject to subsection (2) an existing lawful water use means a water use which took place at any time during a period of two years immediately before this Act commences, and which-

(a) was authorised by or under the Water Act, 1956 (Act 54 of 1956);

(b) was permissible by or under any other law which was in force immediately before this Act commences;

(d) is identified as a stream flow reduction activity under section 37(4); or

(e) is identified as a controlled activity in Schedule II.

(2) In the case of -

(a) a stream flow reduction activity declared under section 37(1); or

(b) a controlled activity declared under section 39,

existing lawful water use means a water use which took place at any time during a period of two years immediately before the date of the declaration in subsections (2)(a) and (b).

34 Responsible authorities may declare a water use to be an existing lawful water use

(1) A person may apply to a responsible authority to have a water use which does not fall under section 33 declared to be an existing lawful water use.

(2) A responsible authority may, on its own initiative, declare a water use which does not fall under section 33 to be an existing lawful water use where a person does not make an application under subsection (1).

(3) A responsible authority may only make a declaration under subsections (1) and (2) if it is satisfied that the water use-

(a) took place at a time more than two years before this Act commences and was discontinued for good reason; or

(b) had not yet taken place at any time before this Act commences, but-

(i) would have been lawful had it taken place; and

(ii) steps towards effecting the use had been taken in good faith before this Act commenced,

and if there is good reason, in the opinion of the responsible authority, that the use should be declared an existing lawful water use.

(4) Section 42 applies to an application under this section as if the application was made under that section.

35 Authority to continue with existing lawful water use

(1) A person, or that person's successor-in-title, may continue with an existing lawful water use, subject to-

(a) any existing conditions or obligations attaching to that use;

(b) its replacement by a licence under this Act; or

(2) A responsible authority may, subject to section 27(1)(c), require the registration, in a manner it considers appropriate, of an existing lawful water use with the responsible authority.

36 Responsible authorities may require licences for existing water uses

(1) The responsible authority may, in order to verify the lawfulness of an existing water use, by written notice require any person claiming an entitlement to that water use to apply for a licence for that use.

(2) A notice under subsection (1) must-

(a) have a suitable licence application form annexed to it;

(b) specify a date before which the application must be submitted;

(c) inform the person concerned that any entitlement to continue with the water use may lapse if an application is not made on or before the date specified in (b); and

(d) be delivered personally or sent by registered mail to the person concerned.

(3) Section 42 applies to an application under this section as if the application was made under that section.

(4) An application for a licence under this section must be granted subject to Part 2 of this Chapter and only to the extent that the existing water use is lawful.

(5) Any licence issued pursuant to an application under subsection (1), replaces any entitlement which that person may have to an existing water use.

(6) No person who has been invited to apply for a licence under subsection (1) in respect of an existing lawful water use may exercise that water use -

(a) after the closing date stated under subsection (2)(b) if that person did not apply for a licence; or

(b) after the licence application has been finally disposed of, if that person did apply for a licence.

(7) A responsible authority may-

(a) for good reason which the responsible authority considers appropriate, condone a late application; and

(b) charge a reasonable additional fee for processing the late application.

Part 4: Stream flow reduction activities

This Part allows the Minister, after public consultation, to regulate land-based activities which reduce stream flow, by declaring such activities to be stream flow reduction activities. Whether or not an activity is declared to be a stream flow reduction activity depends on various factors, such as the extent of stream flow reduction, its duration, and its impact on any relevant water resource and on other water users. The control of forestry for its impact on water resources, currently exercised in terms of the Forest Act, is exercised under this Part.

37 Minister may declare stream flow reduction activities

(1) The Minister may, by notice in the Gazette, in relation to a particular area specified in that notice, declare any activity (including the cultivation of any particular crop or other vegetation) to be a stream flow reduction activity if that activity significantly reduces or may reduce the availability of water in a watercourse to the Reserve, to meet international obligations, or to other water users.

(2) In making a declaration in subsection (1), the Minister must consider-

(a) the extent to which the activity significantly reduces the water availability in the watercourse;

(b) the effect of the stream flow reduction on the water resource in terms of its class and the Reserve;

(d) any national water resource strategy established under section 6(1); and

(e) any catchment management strategy established under section 9(1).

(3) Before making a declaration under subsection (1), the Minister must-

(a) publish a notice in the Gazette-

(i) setting out the activity proposed to be declared a stream flow reduction activity; and

(ii) inviting written comments to be submitted on the proposed declaration, specifying an address at and a date before which comments are to be submitted, which date may not be earlier than 30 days after publication of the notice in the Gazette; and

(b) consider all comments received on or before the date specified in subsection (3)(a)(ii).

(4) Afforestation-

(a) authorised in terms of the Forest Act, 1984 (Act 122 of 1984);

(b) established prior to the promulgation of the Forest Act, 1984; or

is a stream flow reduction activity for the purpose of this Act.

Part 5: Controlled activities

This Part allows the Minister to regulate activities having detrimental impacts on water resources by declaring them to be controlled activities. Four such activities - irrigation using waste or water containing waste from certain sources, modification of atmospheric precipitation, altering the flow regime of a water resource as a result of power generation, and aquifer recharge using waste or water containing waste - will become controlled activities when the Act commences. Provision is made for the Minister to declare other controlled activities as the need arises, but in these cases public consultation is required. Following the declaration of a controlled activity an authorisation for that particular category of activity is required under this Act.

38 What a controlled activity is

A controlled activity is any activity-

(a) identified as such in Schedule II; or

(b) which has been declared to be a controlled activity under section 39(1).

39 Minister may declare certain activities to be controlled activities

(1) The Minister may, by notice in the Gazette, in general or specifically, declare an activity to be a controlled activity.

(2) The Minister must be satisfied that the activity in question impacts or could impact detrimentally on a water resource before declaring it to be a controlled activity under subsection (1).

(3) Before declaring an activity to be a controlled activity under subsection (1) the Minister-

(a) must publish a notice in the Gazette-

(i) setting out the activity or category of activities proposed to be declared; and

(ii) invite written comments to be submitted on the proposed declaration, specifying an address at and a date before which comments are to be submitted, which date may not be earlier than 30 days after publication of the notice in the Gazette; and

(b) may, in the case of a specific activity on a specific site, make the notice known by delivering or sending a copy to the owner or the person in control of the site concerned, and to every organ of state and person which, in the opinion of the Minister, has an interest in the matter; and

Part 6: General authorisations

This Part establishes a procedure to enable a responsible authority, after public consultation, to permit the use of water by publishing general authorisations in the Gazette. A general authorisation may be restricted to a particular water resource, a particular category of persons, a defined geographical area, a period of time, and requires conformity to other relevant laws. The use of water under a general authorisation does not require a licence until the general authorisation is revoked, in which case licensing will be necessary.

40 Responsible authorities may issue general authorisations to use water

(1) A responsible authority may by notice in the Gazette-

(a) either generally;

(b) in relation to a specific water resource; or

authorise all or any category of persons to use water, subject to any regulation under section 27 and conditions imposed under section 30.

(2) The notice under subsection (1) must state-

(a) the geographical area in respect of which the general authorisation will apply; and

(b) the date upon which the general authorisation will come into force, and may state the date on which the general authorisation will lapse.

(3) A water use authorised under subsection (1) may be made conditional upon the user obtaining any permission or authority required by any other specified law.

(4) Before issuing a general authorisation under subsection (1), the responsible authority must-

(a) publish a notice in the Gazette-

(i) setting out the proposed general authorisation; and

(ii) inviting written comments to be submitted on the proposed general authorisation, specifying an address at and a date before which comments are to be submitted, which date may not be earlier than 30 days after publication of the notice in the Gazette; and

(b) consider all comments received on or before the date specified in subsection (4)(a)(ii).

Part 7: Individual applications for licences

This part sets out the procedures which apply in all cases where a licence is required to use water, but where no general invitation to apply for licences has been issued under Part 8. Water users who are not required to licence their use, but who wish to convert the use to licensed use, may also use the procedure set out in this Part, but the responsible authority may decline to grant a licence when the applicant is entitled to water under an existing lawful use or by a general authorisation. In considering an application a responsible authority may require additional information from the applicant, and may also require the applicant to undertake an environmental or other assessment, which assessments may be subject to independent review.

41 Persons may apply for licences to responsible authorities

(1) A person who is required or wishes to obtain a licence to use water must apply to the relevant responsible authority for a licence.

(2) Where a person has made an application for an entitlement under another Act, and that application has not been finalised when this Act comes into force, the application will be regarded as an application for a water use under this Act.

(3) A responsible authority may charge a reasonable fee for processing a licence application, which may be waived in cases which, in the opinion of the responsible authority, are deserving.

(4) A responsible authority may decline to consider a licence application for water to which the applicant is already entitled by way of an existing lawful water use or under a general authorisation, unless there is good reason, which the responsible authority considers appropriate, why the application ought to be considered.

42 Procedure to apply for licences for water use

(1) An application under section 41(1) must-

(a) be made in the form;

(b) contain the information; and

as prescribed, or if not prescribed, as determined by the responsible authority.

(2) A responsible authority-

(a) may, to the extent that it considers appropriate, require the applicant, at the applicant's expense, to obtain and provide it with-

(i) other information, in addition to information contained in the application;

(ii) an assessment by a competent person of the likely effect of the proposed licence on the resource quality; and

(iii) an independent review of an assessment made in terms of subsection (2)(a)(ii) by a person acceptable to the responsible authority;

(b) may, to the extent that it considers appropriate, conduct its own investigation on the likely effect of the proposed licence on the protection, use, development, conservation, management and control of the water resource-

(i) as may be required under this Act; and

(ii) as the responsible authority considers appropriate;

(c) may, to the extent that it considers appropriate, invite written comments from any organ of state or person which, in the opinion of the responsible authority, has an interest in the matter; and

(d) must afford the applicant an opportunity to make representations on any aspect of the licence application.

(3) A responsible authority may direct that any assessment under subsection (2)(a)(ii) must comply with the requirements contained in regulations made under section 26 of the Environment Conservation Act, 1989 (Act 73 of 1989).

(4) A responsible authority may, at any stage of the application process, require the applicant-

(a) to give suitable notice in newspapers and other media as it may direct-

(i) describing the licence applied for;

(ii) stating that written objections may be lodged against the application before a specified date, which must be at least 30 days after the last publication of the notice;

(iii) giving an address where written objections must be lodged; and

(iv) containing any other particulars which the responsible authority may require;

(b) to take other steps as it may direct to bring the application to the attention of relevant organs of state, interested persons and the general public; and

(c) to obtain the written consent of any person having an interest in the land to which the application relates, if the responsible authority is of the opinion that the licence ought not to be granted without such consent.

43 Reasons for decisions

After a responsible authority has reached a decision on a licence application, it must promptly-

(a) notify the applicant and any person who has objected to the application under section 42(4)(a)(ii); and

(b) at the request of any person referred to in (a), give written reasons for its decision.

Part 8: Compulsory licences for water use in respect of a specific resource

This Part establishes a procedure for responsible authorities to undertake general licensing in respect of any aspect of water use, and includes the requirement to prepare schedules for allocating quantities of water to existing and new users. The procedure is intended to be used in areas which are, or are soon likely to be, under "water stress" (for example, where the demands for water are approaching or exceed the available supply, where water quality problems are imminent or already exist, or where the water resource quality is under threat), or where it is necessary to review prevailing water use to achieve equity of access to water.

In such cases the responsible authority must issue a general invitation in the Gazette and other appropriate media, to apply for licences in the designated area. Applicants may be required to submit additional information, and may also be required to undertake an environmental or other assessment, which assessments may be subject to independent review.

In determining the quantities of water to be allocated to users, the responsible authority must consider all applications received, and draw up a schedule detailing how the available water will be allocated among the applicants. In drawing up an allocation schedule the responsible authority must comply with the plans, strategies and criteria set out elsewhere in the Act and must give special consideration to certain categories of applicants. Water required for the Reserve and to fulfil international obligations may not be allocated. A responsible authority need not allocate all the available water in a water resource, and may reserve some of the water for future needs. Provision is also made for any water still available after the requirements of the Reserve, international obligations and corrective action have been met to be allocated on the basis of public auction or tender. A system of objections and appeals in relation to proposed and preliminary allocation schedules ensures that licences may be issued only after the allocation schedule has been finalised.

Licences issued under this Part replace previous entitlements to any existing lawful water use by the applicant.

44 Responsible authorities may invite persons to apply for licences

(1) If a responsible authority considers it desirable that water use in respect of one or more or all water resources within a specific geographic area should be licensed-

(a) to achieve a fair allocation of water in accordance with section 47 from a water resource-

(i) which is under water stress; or

(ii) when it is necessary to review prevailing water use to achieve equity in allocations;

(b) to promote beneficial use of water in the public interest;

(d) to protect water resource quality,

the responsible authority may issue a general invitation to persons to apply for licences for one or more or all of the aspects of water use referred to in section 22.

(2) An invitation under subsection (1) must-

(a) identify the water resource or resources concerned;

(b) state where licence application forms may be obtained;

(d) state the closing date for licence applications;

(e) state the application fee; and

(f) contain any other information which the responsible authority considers appropriate.

(3) An invitation under subsection (1) must be made known by-

(a) publishing the notice in the Gazette at least 30 days before the date specified under subsection (2)(d);

(b) giving suitable notice in newspapers and other media as the relevant responsible authority considers appropriate; and

(c) taking other steps to bring the invitation to the attention of interested persons as the relevant responsible authority considers appropriate.

(4) An application must-

(a) be made in the form;

(b) contain the information; and

as prescribed, or if not prescribed, as determined by the responsible authority.

45 Procedure to deal with late applications for licences

A responsible authority may-

(a) for good reason which the responsible authority considers appropriate, condone a late application; and

(b) charge a reasonable additional fee for processing the late application.

46 Responsible authorities may require further information on applications for licences

A responsible authority may, to the extent it considers it appropriate-

(a) require the applicant, at the applicant's expense, to obtain and provide it with-

(i) other information, in addition to information contained in the application;

(ii) an assessment by a competent person of the likely effect of the proposed licence on the resource quality; and

(iii) an independent review of an assessment made in terms of (ii) by a person acceptable to the responsible authority;

(b) conduct its own investigation on the likely effect of the proposed licence on the protection, use, development, conservation, management or control of the water resource-

(i) as may be required under this Act; and

(ii) as the responsible authority considers appropriate for the application; and

(c) invite written comments from any organ of state or person which in the opinion of the responsible authority has an interest in the matter.

47 Responsible authorities must propose allocation schedules

(1) A responsible authority must, after considering-

(a) all applications received in response to the publication of an invitation under section 44(1);

(b) any further information or assessment obtained under section 46; and

prepare a proposed allocation schedule specifying how water from the water resource concerned will be allocated.

(2) A proposed allocation schedule must comply with-

(a) the criteria set out in section 28; and

(b) the relevant catchment management strategy under section 9(1).

(3) A proposed allocation schedule must, subject to subsection (4), reflect the quantity of water to be-

(a) assigned to the Reserve and any relevant international obligations;

(b) allocated to each of the applicants to whom, in the opinion of the responsible authority, licences should be issued in order to redress the results of past racial and gender discrimination in accordance with the constitutional mandate for water reform;

(c) allocated to each of the applicants exercising existing lawful water uses to whom the licensing authority determines that licences should be issued;

(d) allocated to each of the applicants by applying the criteria set out in section 28;

(e) allocated to every other applicant by public tender or auction, subject to section 27(1)(l).

(4) A responsible authority is under no obligation to allocate all available water under subsection (3).

(5) After preparing a proposed allocation schedule the responsible authority must publish a notice in the Gazette at least 30 days before the date specified in (b)-

(a) containing a copy of the schedule, or stating the address where it may be inspected; and

(b) inviting written comments to be submitted on the proposed schedule, specifying an address where the comments are to be submitted and specifying a date before which the comments are to be submitted.

48 Responsible authorities must prepare preliminary allocation schedules

(1) After considering all comments received on the proposed allocation schedule on or before the date specified in section 47(5)(b), the responsible authority must prepare a preliminary allocation schedule and publish a notice in the Gazette-

(a) containing a copy of the preliminary allocation schedule, or stating the address where it may be inspected; and

(b) stating that an appeal in respect of any unsuccessful objection to the preliminary allocation schedule may be made in accordance with Chapter 17.

(2) If an appeal under subsection (1)(b) succeeds, the responsible authority must amend the preliminary allocation schedule as directed by the Water Appeal Board.

49 Responsible authorities must issue licences according to final allocation schedules

(1) A preliminary allocation schedule becomes a final allocation schedule-

(a) (i) if no appeal is lodged;

(ii) if it has been amended following a successful appeal; or

(iii) if an appeal is dismissed; and

(b) when the responsible authority has published a notice in the Gazette-

(i) stating that a preliminary allocation schedule has become final; and

(ii) containing a copy of the final allocation schedule, or stating the address where it may be inspected.

(2) A responsible authority must as soon as reasonably practicable after a preliminary allocation schedule becomes final, issue licences according to the allocations provided for in it.

50 Licences under this Part replace previous entitlements

(1) Any licence issued pursuant to an application under section 44(1) replaces any existing lawful water use by that person.

(2) Notwithstanding the provisions of section 4, no person who has been invited to apply for a licence under section 44(1) in respect of an existing lawful water use may exercise that water use -

(a) after the closing date stated under section 44(2)(d) if that person did not apply for a licence; or

(b) after the licence application has been finally disposed of, if that person did apply for a licence.

Part 9: Review and renewal of licences, and amendment and substitution of conditions of licences

This Part deals with the review and renewal of licences, and the amendment and substitution of their conditions. Review of a licence is by the relevant responsible authority, at periods stipulated in the licence as part of a general review process.

A review of a licence may lead to the amendment or substitution of its conditions, but only if certain requirements are satisfied. Amendment or substitution of conditions may not destroy or severely prejudice the economic viability of any undertaking in respect of which the licence was issued. Minor amendments to licences (for instance, to correct clerical mistakes, or changes in format), and those agreed to by the licensee may be made outside of the review process. In addition, a licensee may apply to the responsible authority for the renewal or amendment of a licence before it expires. In considering such applications the responsible authority must again consider the matters dealt with in the initial application, and there are limitations to the new conditions to which the licence may be subjected. Where an application for renewal is made it must be granted unless there is good reason to refuse it.

51 Responsible authorities may review licences, and may amend or substitute conditions of licences

(1) A responsible authority may review a licence only at the time periods stipulated for that purpose in the licence.

(2) On reviewing a licence, a responsible authority may amend or substitute any condition of the licence if-

(a) it is necessary or desirable to prevent deterioration, or further deterioration of the quality of the water resource;

(b) if there is insufficient water in the water resource to accommodate all authorised water uses after allowing for the Reserve and international obligations; or

(c) if it is necessary or desirable to accommodate demands brought about by changes in socio-economic circumstances, and it is in the public interest to meet those demands,

provided the conditions of other licences for similar water use from the same water resource are also amended in an equitable manner through a general review process.

(3) If an amendment or substitution of a licence condition on review destroys or severely prejudices the economic viability of any undertaking in respect of which the licence was issued, the provisions of section 23(6) to (9) apply.

(4) A responsible authority must afford the licensee an opportunity to be heard before amending or substituting any licence condition on review.

52 Responsible authorities may make formal amendments to licences

(1) Subject to section 167(4), a responsible authority, may on its own initiative or at the request of the licensee or the licensee's successor-in-title, amend or substitute a licence condition-

(a) if the licensee has consented to the amendment or substitution;

(b) to reflect one or more successors-in-title as new licensees; and

(c) to change the property to which the licence applies, if the property described in the licence has been subdivided or consolidated with other property.

(2) The responsible authority may require the licensee-

(a) to obtain the written consent of any affected person before amending or substituting the licence; or

(b) to make a formal application for the amendment or substitution under section 54(1);

(3) A responsible authority may only amend or substitute a licence condition under this section if it is satisfied that-

(a) the amendment or substitution will not have a significant detrimental impact on the water resource; and

(b) the interests of any other person are not adversely affected.

53 Conflicting claims relating to successors-in-title

A responsible authority may, after giving all parties an opportunity to be heard, adjudicate upon conflicting claims between a licensee and a successor-in-title, or between different successors-in-title, in respect of claims for amendments to or substitution of licence conditions.

54 Procedure for earlier renewal or amendment of licences

(1) A licensee may, before the expiry date of a licence, apply to the responsible authority for the renewal or amendment of the licence.

(2) An application for the renewal or amendment of a licence, unless it is made under section 52, must-

(a) be made in the form, contain the information and be accompanied by the processing fee which may be prescribed or determined by the responsible authority; and

(b) be dealt with according to the same procedures as set out in section 42.

(3) In considering an application to amend or renew a licence, the responsible authority must have regard to the same matters which it was required to consider when deciding the initial application for that licence.

(4) An application for the renewal of a licence-

(a) may be granted from time to time; and

(b) must be granted unless, in the opinion of the responsible authority, there is good reason not to do so.

Part 10: Breaching of and failure to comply with authorisations

This Part deals with the consequences of contraventions of licence conditions. These range from the responsible authority requiring the licensee to take remedial action, failing which it may take the necessary action and recover reasonable costs from that person, to the suspension or withdrawal of a licence. Where a licensee offers to surrender a licence the responsible authority is obliged to accept the surrender and cancel the licence unless there is good reason for refusal.

55 Responsible authorities may direct persons to remedy contraventions

(1) A responsible authority may, by notice in writing to a person who contravenes-

(a) any provision of this Chapter;

(b) a requirement set or directive given by the responsible authority under this Chapter; or

direct that person, or the owner of the property in relation to which the contravention occurs, to take any action specified in the notice to remedy the contravention, within the time (being not less than two working days) that is specified in the notice or any other longer time allowed by the responsible authority.

(2) If a contravention is not rectified within the time specified in the notice, or any longer time allowed, the responsible authority may-

(a) carry out any works and take any other action it decides is necessary to remedy the contravention and recover its reasonable costs from the person on whom the notice was served; or

(b) apply to a competent court for appropriate relief.

56 Responsible authorities may suspend or withdraw licences

(1) Subject to subsections (3) and (4), a responsible authority may by notice to the licensee suspend or withdraw a licence if, in the opinion of the responsible authority, the licensee fails-

(a) to comply with any condition of the licence;

(b) to comply with this Act; or

(2) A licence may be suspended under subsection (1)-

(a) for the period specified in the notice of suspension; or

(b) until the responsible authority is satisfied that the licensee has complied with the relevant condition or obligation which led to the suspension.

(3) A responsible authority may only suspend or withdraw a licence under subsection (1) if the responsible authority has directed the licensee to take specified steps to rectify the failure within a specified period, and the licensee has failed to do so to the satisfaction of the responsible authority.

(4) A licensee must be given an opportunity to make representations, within a reasonable period, on any proposed suspension or withdrawal of a licence.

(5) A responsible authority may, for good reason, reinstate a licence withdrawn under subsection (1).

57 Persons may surrender licences

(1) A licensee may offer to surrender any licence issued to that licensee under this Chapter. Unless there is good reason not to do so, the responsible authority must accept the surrender and cancel the licence.

(2) A responsible authority may refund to a licensee any charge or part of any charge paid in respect of a licence surrendered under subsection (1).

CHAPTER 5

FINANCIAL PROVISIONS

This Chapter deals with the measures to finance the provision of services as well as financial and economic measures to support the implementation of policies aimed at water resource protection, conservation of water and the beneficial use of water.

In Part 1 the Minister may from time to time, after public consultation, set a pricing policy which may differentiate among geographical areas, categories of water users or individual water users. The achievement of social equity is one of the considerations in setting differentiated charges. Water use charges are to be used to fund the direct and related costs of water resource management, development and use, and may also be used to achieve an equitable and efficient allocation of water. In addition, they may also be used to ensure compliance with prescribed standards and water management practices according to the user pays and polluter pays principles. Waste charges will be used as a means of encouraging reduction in waste, and provision is made for incentives for effective water use. Non-payment of a charge will attract penalties, including the possible restriction or suspension of a water supply.

Part 2 deals with financial assistance, which may be granted if certain considerations are taken into account.

Part 1 : Water use charges

58 Minister may establish a pricing policy for water use charges

(1) The Minister may, from time to time, by notice in the Gazette, establish a pricing policy for charges for any water use.

(2) The pricing policy referred to in subsection (1) shall be established with the concurrence of the Minister of Finance.

(3) The pricing policy referred to in subsection (1) may contain a policy for setting charges-

(a) for funding water resource management, including the related costs of-

(i) gathering information;

(ii) monitoring water resources and their use;

(iii) controlling water resources ;

(iv) water resource protection, including the discharge of waste and the protection of the Reserve; and

(v) water conservation;

(b) for funding water resource development and use of waterworks, including-

(i) the costs of investigation and planning;

(ii) the costs of design and construction;

(iii) pre-financing of development;

(iv) the costs of operation and maintenance of waterworks;

(v) a return on assets; and

(vi) the costs of water distribution; and

(4) The pricing policy referred to in subsection (1) may-

(a) differentiate on an equitable basis between-

(i) different types of geographic areas;

(ii) different categories of water use; or

(iii) different water users;

(b) provide for charges to be paid by either-

(i) an appropriate water management institution; or

(ii) consumers directly;

(d) provide for a rebate for water returned to a water resource; and

(e) provide on an equitable basis for some elements of the charges to be waived in respect of specific users for a specified period of time.

(5) The pricing policy may differentiate under subsection (4)(a)-

(a) in respect of different geographic areas, on the basis of-

(i) socio-economic aspects within the area concerned;

(ii) the physical attributes of each area; or

(iii) the demographic attributes of each area;

(b) in respect of different types of water uses, on the basis of-

(i) the manner in which the water is taken, supplied, discharged or disposed of;

(ii) whether the use is consumptive or non-consumptive;

(iii) the assurance and reliability of supply and water quality;

(iv) the effect of return flows on a water resource;

(v) the extent of the benefit to be derived from the development of a new water resource;

(vi) the class and resource quality objectives of the water resource concerned; or

(vii) the quality required of the water to be used; and

(i) the extent of their water use;

(ii) the quantity of water returned by them to a water resource; or

(iii) their economic circumstances.

(6) The pricing policy under subsection (1) may provide for a differential rate for waste discharges, taking into account-

(a) the characteristics of the waste discharged;

(b) the amount and quality of the waste discharged;

(d) the extent of permitted deviation from prescribed waste standards or management practices; and

(e) the required extent and nature of monitoring of the water use.

(7) In setting a pricing policy for water use charges, the Minister-

(a) must consider the class and resource quality objectives for different water resources; and

(b) may consider-

(i) incentives and disincentives to promote the efficient use and beneficial use of water;

(ii) incentives and disincentives to reduce detrimental impacts on water resources; and

(iii) incentives and disincentives to prevent the waste of water.

(8) Before setting a pricing policy for water use charges under subsection (1), the Minister must-

(a) publish a notice in the Gazette-

(i) setting out the proposed pricing policy; and

(ii) inviting written comments to be submitted on the proposed policy, specifying an address at and a date before which the comments are to be submitted, which date may not be earlier than 30 days after publication of the notice in the Gazette; and

(b) consider all comments received on or before the date specified in subsection (8)(a)(ii).

59 Application of the pricing policy for water use charges

(1) Water use charges-

(a) may be levied -

(i) within a specific water management area; or

(ii) on a national or regional basis; and

(b) must be levied in accordance with the pricing policy for water use charges set by the Minister under section 58(1).

(2) Charges under subsection (1)(a)(i) may be levied by and are payable to the water management institution concerned.

(3) Charges under subsection (1)(a)(ii)-

(a) may be levied by the Director-General and are payable to the state; and

(b) may be apportioned among different water management areas in accordance with the extent of the specific benefits which each water management area, in the opinion of the Director-General, derives or will derive from the purposes for which the charges are levied.

(4) Any person liable to pay water charges to a water services institution as defined in the Water Services Act, 1997 (Act 108 of 1997) for water supply services or sanitation services will not be charged for those services under this Act.

60 Recovery of water use charges

(1) The Director-General may direct any water management institution to recover any charges levied on the Director-General's behalf under section 59(1)(a) from water users within its water management area or area of operation, as the case may be.

(2) A water management institution which has been directed to recover any such charges-

(a) is jointly and severally, with the water users concerned, liable to the state for the payment of the charges;

(b) may recover any amounts payable by it to the state under (a) from the water users concerned; and

(c) may retain a portion of all charges recovered to recompense it for expenses and losses, to the extent which the Director-General considers reasonable.

61 Liability for a water use charge

(1) Any person using water must pay all charges imposed under section 59 in respect of that water use.

(2) On non-payment of a water use charge-

(a) interest will be payable during the period of default at a rate determined from time to time by the Minister, with the concurrence of the Minister of Finance, by notice in the Gazette; and

(b) the supply of water from a waterwork or the authorisation to use water may, where possible, be restricted or suspended until the charges, together with interest, have been paid.

(3) A person must be given an opportunity to make representations within a reasonable period on any proposed restriction or suspension under subsection (2)(b) before the restriction or suspension is imposed.

(4) Where there is a fixed charge, a restriction or suspension under subsection (2)(b) does not relieve a person from the obligation to pay the charges due for the period of the restriction or suspension.

62 Water use charges are charges on land

(1) A charge under section 59(1), including any interest, is a charge on the land to which the water use relates and is recoverable from the current owner of the land without releasing any other person who may be liable for the charge.

(2) The Director-General or relevant water management institution must-

(a) on written application by any person; and

(b) within 30 days of the application,

issue a certificate stating the amount of any unpaid water charges and any interest due in respect of the land.

63 Effect of restriction or suspension of water use

A person whose water use is, for any reason, restricted or suspended under section 61(2)(b), may not-

(a) later claim the water to which he or she would otherwise have been entitled during the period of restriction or suspension; or

(b) claim compensation for any damages resulting from the restriction or suspension.

Part 2: Financial assistance

64 Director-General may give financial assistance

(1) The Director-General may, subject to section 65, give financial assistance to any person in the form of grants, loans or subsidies, which may be made subject to such conditions as the Director-General may determine, related to the purpose of this Act.

(2) The financial assistance must be from funds-

(a) appropriated by Parliament; or

(b) which may under this Act or otherwise be lawfully used for the purpose concerned.

(3) Before giving any financial assistance, the Director-General must take into account all relevant considerations, including-

(a) the need for equity;

(b) the need for transparency;

(d) the purpose of the financial assistance;

(e) the financial position of the recipient; and

(f) the need for water resource protection.

(4) A person who fails to comply with any obligations under this Act is not eligible for financial assistance under this Act.

65 Minister may make regulations on financial assistance

The Minister may make regulations concerning-

(a) the eligibility for financial assistance;

(b) the manner in which financial assistance must be applied for; and

CHAPTER 6

GENERAL POWERS, FUNCTIONS AND RESPONSIBILITIES

OF THE MINISTER

Part 1 of this Chapter sets out various powers, functions and responsibilities of the Minister which are of a general nature, such as the powers of delegation and expropriation, and intervention in litigation. More specific powers, functions and responsibilities are dealt with elsewhere in this Act.

Part 2 requires the Minister to consult with the public when making regulations under this Act, and also to submit regulations for Parliamentary scrutiny. If Parliament rejects a regulation it must be repealed or amended.

Part 1: Delegation, directives, expropriation and additional powers

66 Minister may delegate powers, functions and duties

(1) Subject to subsections (2) and (3), the Minister may, in writing and subject to conditions, delegate a power, function or duty vested in the Minister under this Act to-

(a) an official of the Department by name;

(b) the holder of an office in the Department;

(d) an advisory committee established under section 103.

(2) The Minister may not delegate the power-

(a) to make a regulation;

(b) to authorise a water management institution to expropriate under section 68(1);

(d) to appoint a member of the Water Appeal Board.

(3) The Minister may, in writing and subject to conditions, permit a person to whom a power, function or duty has been delegated, to further delegate that power, function or duty.

67 Minister may give directives to the Director-General

(1) The Minister may give a directive to the Director-General in relation to the exercise of any of the Director-General's powers, or the performance of any of the Director-General's functions or duties, including any power, function or duty delegated to the Director-General.

(2) The Director-General must give effect to a directive under subsection (1).

68 Expropriation of property

(1) The Minister, or a water management institution authorised by the Minister in writing, may expropriate any property for any purpose under this Act, if that purpose is a public purpose or is in the public interest .

(2) Subject to this Act, the Expropriation Act, 1975 (Act 63 of 1975), applies to all expropriations in terms of this Act.

(3) Where the Minister expropriates any property under a power given under this Act, any reference to "minister" in the Expropriation Act, 1975, must be construed as being a reference to the Minister.

(4) Where any water management institution expropriates property under a power given under this Act, any reference to "minister" and "state" in the Expropriation Act, 1975, must be construed as being a reference to that water management institution.

(5) If a person required under this Act to undertake rehabilitation or other remedial work on the land of another, reasonably requires access to that land in order to effect the rehabilitation or remedial work, but is unable to acquire it on reasonable terms, the Minister may-

(a) expropriate the necessary rights in respect of that land for the benefit of the person undertaking the rehabilitation or remedial work, who will then be vested with the expropriated rights; and

(b) recover from the person for whose benefit the expropriation was effected all costs incurred in connection with the expropriation, including any compensation payable.

(6) Where a servitude is expropriated under this section, the Minister or water management institution responsible for the expropriation has the same rights as those vesting in the holder of a servitude under section 135.

69 Registration of servitudes acquired through expropriation

(1) Where the Minister or a water management institution has acquired a personal or praedial servitude through expropriation, the Minister or the water management institution, as the case may be, must lodge with the appropriate Registrar of Deeds-

(a) a certified copy of the notice of expropriation; and

(b) a certificate, which must inc at least the following particulars-

(i) the title deed numbers and descriptions of the properties against which and, in the case of a praedial servitude, in favour of which the servitude operates;

(ii) the full names and identity or registration numbers of-

(aa) the registered owners of the properties; and

(bb) in the case of a personal servitude, the person in whose favour the servitude operates;

(iii) if the servitude is one of aqueduct-

(aa) a plan showing the route along which the water is led or is to be led over the land, prepared in sufficient detail to enable an accurate identification of the servitude area; and

(bb) a description of the means by which the water is led or is to be led;

(iv) if the servitude is one of abutment or submersion-

(aa) a plan showing the locality of the waterwork used or to be used for abutting and storing the water, prepared in sufficient detail to enable an accurate identification of the servitude area;

(bb) a plan showing the locality of the area submerged or expected to be submerged by the water, including the full storage line and the one-in-100-year flood line, prepared in sufficient detail to enable an accurate identification of the servitude area; and

(cc) an indication of the size of the area that is or is to be submerged;

(v) if the servitude is one of right of way-

(aa) a plan showing the route; and

(bb) an indication of the length and width of the area that will be required for the right of way;

(vi) if the servitude is one of temporary or permanent occupation-

(aa) a plan showing the locality of the area to be occupied; and

(bb) an indication of the size of the area that will be occupied; and

(vii) a description of the nature and locality of any waterwork erected or to be erected on the land which is subject to the servitude.

(2) The definitions of servitude of aqueduct, servitude of abutment, and servitude of submersion in section 133 apply to this section.

(3) The relevant Registrar of Deeds must, on receipt of the documents referred to in subsection (1), cause an appropriate endorsement of the servitude to be made in his or her Registers.

(4) For the purpose of endorsing the existence of a servitude set out in this section, the Registrar of Deeds must accept the plans required under subsections (1)(b)(iii)(aa), (iv)(aa) and (bb), (v)(aa) and (vi)(aa).

(5) Subsections (1), (3) and (4) apply despite any law to the contrary.

70 Power to extend or condone failure to comply with a time period

The Minister may, on good cause and in exceptional circumstances, extend or condone a failure by a person to comply with a time period under this Act.

71 Intervention in litigation

The Minister may intervene in litigation before a court or in a hearing before the Water Appeal Board in any matter under this Act. The Minister is deemed to have a legal interest in that litigation or hearing.

Part 2: Procedure to make regulations

72 Procedure to make any regulations under this Act

(1) The Minister must before making any regulations under this Act-

(a) publish a notice in the Gazette -

(i) setting out the draft regulations; and

(ii) inviting written comments to be submitted on the proposed regulations, specifying an address at and a date before which the comments must be submitted, which date may not be earlier than 30 days after publication of the notice in the Gazette;

(b) consider all comments received on or before the date specified in subsection (1)(a)(ii); and

(c) on request by Parliament, report the extent to which a specific comment has been taken into account, or if a comment was not taken into account, provide the reason why not.

(2) The Minister must, within 30 days after making any regulations under this Act, table the regulations in Parliament for consideration in terms of section 73.

73 Consideration of regulations

(1) In considering regulations tabled in Parliament under section 72(2), Parliament must determine whether the regulations-

(a) are consistent with the purposes of this Act;

(b) are within the powers conferred by this Act;

(c) are consistent with the Constitution; and

(d) require clarification.

(2) Parliament may, within 30 days after the regulations have been tabled in terms of section 72(2), or within 30 days after the commencement of the first sitting of Parliament following upon the tabling of the regulations, reject those regulations.

(3) If Parliament rejects any regulations, it must state its reasons.

(4) The Minister must, within 30 days after being informed in writing that Parliament has rejected any regulations, repeal or amend those regulations.

CHAPTER 7

GENERAL POWERS, FUNCTIONS AND RESPONSIBILITIES OF THE DIRECTOR-GENERAL

This Chapter sets out various powers, functions and responsibilities of the Director-General which are general in nature, such as the powers of assignment and delegation. More specific powers, functions and responsibilities are dealt with elsewhere in the Act.

The Director-General has the responsibility to manage and authorise the use of the nation's water resources. This means that the Director-General acts as the responsible authority under the Act unless the Director-General has assigned or delegated powers, functions or duties to another water management institution, such as a catchment management agency or to officials of the Department. The Director-General also fulfils the functions of a catchment management agency in areas for which no catchment management agency is established, or where such an agency has been established but is not functional. The Director-General may dispense with certain requirements of this Act for as long as is necessary to deal with an urgent situation or an emergency.

74 The Director-General has the responsibility to manage the nation's water resources

Subject to the provisions of this Act, the Director-General has the responsibility-

(a) to manage the nation's water resources; and

(b) to authorise the use of water in such resources.

75 When the powers, functions and duties of responsible authorities and catchment management agencies vest in the Director-General

(1) All powers, functions and duties of a responsible authority under this Act vest in the Director-General, unless assigned to a water management institution.

(2) All powers, functions and duties of a catchment management agency, including those powers, functions and duties described in section 83 and Schedule IV, vest in the Director-General-

(a) in areas for which no catchment management agency is established or, if established, is not functional; and

(b) in those areas for which catchment management agencies are established, to the extent that any powers, functions or duties have not been-

(i) assigned under section 76; or

(ii) delegated under section 77,

to the catchment management agency concerned.

76 The Director-General may assign powers, functions and duties to water management institutions

(1) Subject to subsection (3), the Director-General may, after consultation with the water management institution concerned, by notice in the Gazette, assign a power, function or duty of a responsible authority under this Act to that water management institution.

(2) In the event of the water management institution referred to in subsection (1) being a catchment management agency, the Director-General may, after consultation with that catchment management agency, by notice in the Gazette, assign any power, function or duty listed in Schedule IV to that catchment management agency, subject to subsection (3).

(3) In assigning any powers, functions and duties under subsections (1) and (2) the Director-General may-

(a) limit the area within which an assigned power, function or duty may be exercised; and

(b) attach conditions to that assignment.

(4) Before assigning a power, function or duty to a water management institution under subsection (1) or (2), the Director-General must consider-

(a) the capacity of the water management institution to exercise the power and to perform the function or duty; and

(b) the desirability of assigning that particular power, function or duty.

(5) The Director-General must promote the management of water resources at the water management area level by assigning powers, functions or duties to water management institutions when, in the opinion of the Director-General, it is desirable to do so.

77 The Director-General may delegate powers, functions or duties

(1) Subject to subsection (3), the Director-General may, in writing and subject to conditions, delegate a power, function or duty under this Act, including a power, function or duty of a responsible authority, to-

(a) an official of the Department by name;

(b) the holder of an office in the Department; or

(c) a water management institution.

(2) Subject to subsection (3), the Director-General may, in writing and subject to conditions, delegate any power, function or duty listed under Schedule IV to a catchment management agency.

(3) The Director-General may, in writing and subject to conditions, permit a person to whom a power, function or duty has been delegated to further delegate that power, function or duty.

78 Dispensing with requirements of this Act in urgent cases

(1) Subject to subsection (2), in an emergency situation, or in cases which the Director-General considers to be of extreme urgency involving the safety of humans or property or the protection of a water resources or the environment, the Director-General may-

(a) dispense with the requirements of this Act relating to prior publication or to obtaining and considering public comment before the issue of any instrument referred to in section 167(1);

(b) dispense with notice periods or time limits required under this Act;

(c) authorise a water management institution to dispense with -

(i) the requirements of this Act relating to prior publication or to obtaining and considering public comment before the issue of any instrument; and

(ii) notice periods or time limits required under this Act.

(2) Anything done under subsection (1) must -

(a) not remain in force for a longer period than is necessary to address the emergency situation or the urgency of the case; and

(b) be incd in the Director-General's annual report to Parliament.

79 The Director-General may give directives to water management institutions

(1) The Director-General may give a directive to a water management institution in relation to the exercise of any of the institution's powers or the performance of any of the institution's functions or duties, including any power, function or duty assigned or delegated to that institution.

(2) The Director-General must give a water management institution not less than 14 days' notice of the Director-General's intention to give a directive under subsection (1) if it relates to any assigned power, function or duty, and must allow the institution an opportunity to comment.

(3) Every directive, or a summary thereof, given to a water management institution by the Director-General and which relates to an assigned power, function or duty -

(a) must be published by the Director-General in the Gazette; and

(b) must be incd in the annual report of the institution.

(4) A failure to comply with subsection (3) does not affect the validity of the directive.

(5) A water management institution must give effect to a directive given to it by the Director-General under subsection (1).

80 The Director-General may appoint employees on contract

(1) The Director-General may, from time to time, appoint employees on contract outside the provisions of the Public Service Act, 1994 (Act 103 of 1994), when this is necessary to carry out the functions of the Department.

(2) Appointments made under subsection (1) must be limited to duties performed at sites where the Department-

(a) is engaged in actual construction or investigatory work; or

(b) is associated with specific projects relating to actual construction or investigatory work.

(3) The Director-General must, from time to time, and after consulting with the Department of Public Service and Administration, determine the conditions of employment of such employees.

CHAPTER 8

CATCHMENT MANAGEMENT AGENCIES

This Chapter provides for the progressive establishment by the Minister of catchment management agencies. The purpose of establishing these agencies is to devolve water resource management to a local level and to involve local communities, within the framework of the national water resource strategy established in Chapter 2. Whilst the ultimate aim is to establish catchment management agencies for all water management areas, the Director-General acts as the catchment management agency where one has not been established. Where the necessary capacity does not exist to establish a catchment management agency, an advisory committee may be appointed to develop the necessary capacity as a first step towards establishing an agency.

Under Part 1 catchment management agencies may be established for specific geographical areas, after public consultation, on the initiative of the community and stakeholders concerned. In the absence of such a proposal the Minister may establish a catchment management agency on the Minister's own initiative. The provisions of Schedule V, on institutional and management planning, apply to a catchment management agency.

Part 2 describes the appointment of members of the governing Board of a catchment management agency. The Board of a catchment management agency will be constituted in such a way that interests of the various stakeholders are represented or reflected in a balanced manner, and the necessary expertise to operate effectively is provided. Members of the governing Board can be elected or nominated by the different water user groups for appointment by the Minister, and the Minister may of his or her own accord appoint further members. The Minister may also remove Board members for good reason.

Parts 3 and 4 deal with the powers, functions and operation of catchment management agencies. Original functions are concerned with the investigation of and advice on water resources as well as the co-ordination of the related activities of other water management institutions within its water management area and the development of a catchment management strategy. Additional powers, functions and duties described in Schedule IV may be assigned or delegated to agencies such as to establish water use rules and management systems, to direct users to terminate illegal uses of water, and to temporarily limit the use of water during periods of shortage.

A catchment management agency may be financed by the State from water charges levied in its water management area or from any other source.

Part 6 enables the Minister to disestablish a catchment management agency or make changes to its water management area, for reasons which inc the need to reorganise water management institutions for more effective water resource management. An agency may also be disestablished if it does not operate effectively.

Part 1 : Establishment and powers of catchment management agencies

81 Procedure to establish catchment management agencies

(1) The Minister may-

(a) after receiving a proposal containing the information required under section 82(1) from a person having an interest in establishing a catchment management agency for a certain area; or

(b) on the Minister's own initiative,

by notice in the Gazette -

(i) establish a catchment management agency, give it a name and determine its water management area; or

(ii) amend the name or water management area of an established catchment management agency.

(2) The Minister may, to the extent the Minister considers it appropriate -

(a) require a person who has submitted a proposal under subsection (1)(a), to obtain and provide the Minister with information additional to that required under section 82(1); and

(b) instruct the Director-General to conduct an investigation concerning-

(i) the establishment of a catchment management agency; or

(ii) a proposal submitted under subsection (1)(a).

(3) The Director-General must, before the Minister establishes a catchment management agency-

(a) publish a notice in the Gazette-

(i) setting out the proposed establishment of the catchment management agency, the proposed name and the proposed water management area; and

(ii) inviting written comments to be submitted on the proposal specifying an address at and a date before which the comments are to be submitted, which date may not be earlier than 30 days after publication of the notice in the Gazette; and

(b) consider all comments received on or before the date specified in subsection (3)(a)(ii).

(4) If the Minister wants to amend the name of a catchment management agency or the water management area of a catchment management agency, then the procedure set out in subsection (3) must be followed with any necessary changes which the Minister considers appropriate in the circumstances, provided that where an amendment does not affect the rights of any person the procedure set out in subsection (3) need not be followed.

82 Proposals to establish catchment management agencies

(1) Proposals to establish a catchment management agency under section 81(1)(a) must provide at least the following-

(a) a proposed name and water management area of the agency;

(b) a description of the significant water resources in the proposed water management area, and information about the existing protection, use, development, conservation, management and control of those resources;

(c) the proposed functions of the catchment management agency, including functions to be assigned and delegated to it;

(d) how the proposed catchment management agency will be funded;

(e) the feasibility of the proposed catchment management agency in respect of technical, financial and administrative matters; and

(f) an indication whether there has been consultation in developing the proposal and the results of the consultation.

(2) The Director-General may assist a person to develop the proposal under subsection (1).

83 General powers, functions and duties of catchment management agencies

(1) A catchment management agency is a body corporate, and has the powers of a natural person of full capacity, except those powers which-

(a) by nature can only attach to natural persons; and

(b) are inconsistent with this Act.

(2) Schedule V applies to a catchment management agency, its governing Board and committees and the members of the Board and committees.

(3) A catchment management agency has those powers, functions and duties-

(a) given to it under section 84;

(b) assigned to it under section 76;

(c) delegated to it under section 77; and

(d) given to it under any other Act.

(4) A catchment management agency may perform-

(a) any of its functions; or

(b) any function which is reasonably incidental to any of its functions,

outside its water management area, if this does not-

(i) limit its capacity to perform its functions in its water management area; or

(ii) detrimentally affect another water management institution.

(5) In exercising its functions under subsection (3), a catchment management agency must-

(a) be mindful of the constitutional imperative to redress the results of past racial and gender discrimination and to achieve equitable access for all to the water resources under its control;

(b) strive towards achieving co-operation and consensus in managing the water resources under its control; and

(c) act prudently in financial matters.

84 Original functions of catchment management agencies

Subject to Chapter 2 and section 83 of this Act, the original functions of a catchment management agency are to-

(a) investigate and advise on the protection, use, development, conservation, management and control of the water resources in its water management area;

(b) develop a catchment management strategy; and

(c) co-ordinate the related activities of the water management institutions within its water management area.

Part 2: The governing Boards of catchment management agencies

85 Appointment of governing Boards of catchment management agencies

(1) The Minister appoints the governing Board of a catchment management agency and, in making such appointment, must do so with the object of achieving a balance among the interests of water users, potential water users, local and provincial government and environmental interest groups.

(2) Notwithstanding the provisions of subsections (3) to (9) the Minister must, from time to time, determine the extent to which relevant local governments should be represented on the governing Board.

(3) Before appointing members to the governing Board, the Minister must appoint an advisory committee under section 103(1), to recommend to the Minister-

(a) which organs of state and bodies representing different sectors and other interests within the water management area of the catchment management agency should be represented or reflected on the governing Board; and

(b) the number of persons which each of them should be invited to nominate.

(4) The committee must consult with organs of state and interest groups it considers appropriate before making its recommendations.

(5) After receiving the committee's recommendations, the Minister must decide which organs of state and bodies will be invited to nominate representatives for appointment to the governing Board, and the number of representatives each may nominate.

(6) The Minister's decision under subsection (5) must be communicated to the organs of state and bodies concerned and the Minister must take the necessary steps to obtain nominations from them by a date specified by the Minister.

(7) Unless there are good reasons for not doing so, the Minister must appoint the persons nominated by the organs of state and the bodies concerned.

(8) If the Minister does not appoint a nominee under subsection (7), the Minister must-

(a) inform the organ of state or body concerned; and

(b) invite a substitute nomination from that organ of state or body concerned.

(9) If nominations have not been received by the date specified under subsection (6), or in the event of the circumstances referred to in subsection (8), the Minister may appoint the Board and subsequently fill the relevant vacancy.

(10) After appointing members to the Board under the nomination procedure set out in subsections (3) to (7), the Minister may, subject to subsection (1), appoint additional members selected by the Minister to-

(a) represent or reflect the interests identified by the advisory committee under subsection 3(a);

(b) achieve sufficient gender representation;

(c) achieve sufficient demographic representation;

(d) achieve representation by the Department;

(e) achieve representation of disadvantaged persons or committees which have been prejudiced by past racial and gender discrimination in relation to access to water; and

(f) obtain the expertise necessary for the efficient fulfilment of the Board's powers, functions and duties.

(11) A member must be appointed for a given period.

(12) The Minister may extend the term of office of a member of the governing Board.

(13) If the term of office of the members of the governing Board expires before the first meeting of a new Board takes place, the existing members remain in office until that first meeting takes place.

86 First meeting of governing Boards of catchment management agencies

(1) The Director-General must convene the first meeting of the governing Board of a catchment management agency chaired by an official of the Department or a member of the committee.

(2) At the first meeting of the governing Board, the members may recommend one of them for appointment as chairperson.

(3) The Minister must-

(a) with due regard to any recommendation made by the governing Board at its first meeting, appoint one of the members as chairperson; and

(b) appoint any other member as deputy chairperson.

(4) The chief executive officer of a catchment management agency provided for in Schedule V may be a member of the governing Board, but may not be its chairperson or deputy chairperson.

87 Minister may remove members from governing Boards and appoint substitutes

(1) The Minister may remove a member from a governing Board, or remove the chairperson or deputy chairperson from office, if-

(a) there is good reason in the Minister's opinion for doing so;

(b) the person concerned had an opportunity of making representation to the Minister; and

(c) the Minister has consulted with the governing Board.

(2) If a person ceases for any reason to be a member of a governing Board before that person's term of office expires, the Minister may, for the remainder of the term of office-

(a) if that person was nominated by any organ of state or body, appoint a substitute nominated by that organ or body; or

(b) if that person was selected by the Minister, appoint a substitute selected by the Minister.

Part 3: Operation of catchment management agencies

88 Funding of catchment management agencies

A catchment management agency is funded by-

(a) funds appropriated by Parliament;

(b) water use charges; and

(c) any other source.

89 Catchment management agencies may establish committees

A catchment management agency may establish committees to exercise any of its powers, or perform any of its functions or duties or to advise the catchment management agency.

90 Serving of documents on the Director-General

A catchment management agency must provide the Director-General with copies of all pleadings, affidavits and other documents in the possession of the catchment management agency relevant to any proceedings instituted against that catchment management agency.

91 Catchment management agencies may delegate their powers, functions or duties

A catchment management agency may delegate to-

(a) a member of the governing Board of the catchment management agency;

(b) an employee of a water management institution (including itself), by name, or the holder of an office in that institution; or

(c) any committee established by the catchment management agency which consists only of members of the governing Board or employees of the catchment management agency; and

(d) any other person or committee only with the written consent of the Director-General,

any power, function or duty, other than-

(i) the power of delegation;

(ii) any power to levy water charges; and

(iii) a power to authorise the use of water, except if this power is delegated to a committee consisting of three or more persons.

Part 4: Intervention, disestablishment or change of water management areas of

catchment management agencies

92 Director-General may intervene

(1) If the Director-General is of the opinion that a catchment management agency-

(a) is in financial difficulties or is being otherwise mismanaged;

(b) has acted unfairly or in a discriminatory or inequitable way towards any person within its water management area;

(c) has failed to comply with any directive given by the Minister or the Director-General under this Act;

(d) has obstructed the Minister, the Director-General or any other water management institution in exercising a power or performing a function or duty under this Act;

(e) is unable to exercise its powers or perform its functions and duties effectively due to dissension among the members of the Board or water users within its water management area;

(f) has failed to comply with the provisions of this Act; or

(g) has become redundant or ineffective,

the Director-General may-

(i) direct the catchment management agency to take any action specified by the Director-General; and

(ii) withhold and financial assistance which might otherwise be available to the catchment management agency.

(2) A directive under subsection (1)(i) must set out-

(a) the nature of the deficiency;

(b) the steps which must be taken to remedy the situation; and

(c) a reasonable period within which those steps must be taken.

(3) If the catchment management agency fails to remedy the situation within the given period, the Director-General may with the approval of the Minister-

(a) after having given that catchment management agency a reasonable opportunity to be heard by the Director-General; and

(b) after having afforded the catchment management agency a hearing on any submissions received,

take over the relevant power, function or duty of the catchment management agency.

(4) If the Director-General takes over a power, function or duty of a catchment management agency under subsection (3)-

(a) the Director-General may do anything which the catchment management agency might otherwise be empowered or required to do under this Act, to the exclusion of the catchment management agency;

(b) the Board of the catchment management agency may not, while the Director-General is responsible for that power, function or duty, exercise any of its powers or perform any of its functions or duties relating to that power, function or duty;

(c) an employee or a contractor of the catchment management agency must comply with a directive given by the Director-General;

(d) as soon as the Director-General is satisfied that the catchment management agency is once more able to perform its functions effectively, the Director-General must cease exercising any powers under (a); and

(e) the Director-General may recover from the catchment management agency all reasonable costs incurred by the Director-General, including any losses suffered as a result of lawful and reasonable action taken under this section, except to the extent that the loss is caused or contributed to by the negligence of the Director-General.

93 Minister may disestablish catchment management agencies

(1) The Minister may, by notice in the Gazette, disestablish a catchment management agency if the Minister is of the opinion that it is desirable-

(a) for purposes of re-organising water management institutions in that area in the interests of effective water resource management;

(b) because the catchment management agency cannot or does not operate effectively; and

(c) because there is no longer a need for the catchment management agency.

(2) The Director-General must before the Minister disestablishes a catchment management agency-

(a) publish a notice in the Gazette-

(i) setting out that the Minister intends to disestablish the catchment management agency; and

(ii) inviting written comments to be submitted on the proposed disestablishment of the catchment management agency at a specified address and a date before which the comments are to be submitted, which date may not be earlier than 30 days after publication of the notice in the Gazette; and

(b) consider all comments received on or before the date specified in subsection (2)(a)(ii).

94 Minister may direct a transfer of assets and liabilities after a change of water management area or disestablishment

(1) If the Minister-

(a) changes the water management area of a catchment management agency under section 81(1)(b)(ii); or

(b) disestablishes a catchment management agency under section 93,

the Minister may direct the catchment management agency to transfer some or all of its assets and liabilities to another water management institution.

(2) A catchment management agency must do everything in its power to give effect to a directive under subsection (1).

(3) Where a catchment management agency is disestablished and the catchment management agency's assets and liabilities are not transferred to another water management institution-

(a) its assets and liabilities vest in the Minister; and

(b) the Director-General must wind up its affairs and assume the functions of the catchment management agency for the period of winding up.

(4) In exercising the Minister's powers under subsection (1) the Minister must consider-

(a) the interests of creditors and users of water; and

(b) any financial contributions directly or indirectly made by the users of water resources towards the infrastructure of the catchment management agency.

(5) The Minister of Finance may direct that no transfer duty, other tax or duty is payable in respect of the transfer of any assets under this section.

CHAPTER 9

WATER USER ASSOCIATIONS

This Chapter deals with the establishment, powers and disestablishment of water user associations. Although water user associations are water management institutions their primary purpose, unlike catchment management agencies, is not water management. They operate at a restricted localised level, and are in effect co-operative associations of individual water users who wish to undertake water-related activities for their mutual benefit. A water user association may exercise management powers, functions and duties only if and to the extent these have been assigned or delegated to it. The Minister establishes and disestablishes water user associations according to procedures set out in the Chapter. A water user association for a particular purpose would usually be established following a proposal to the Minister by an interested person, but such an association may also be established at the Minister's initiative. The functions of a water user association depend on its approved constitution, which can be expected to conform to a large extent to the model constitution in Schedule VI. This Schedule also makes detailed provisions for the management and operation of water user associations. Although water user associations must operate within the framework of national policy and standards, particularly the national water resource strategy, the Director-General may exercise control over them by giving them directives or by temporarily taking over their functions under particular circumstances.

Existing Irrigation Boards, Subterranean Water Control Boards and Water Boards established for stock watering purposes will continue in operation until they are restructured as water user associations.

95 Procedure to establish water user associations

(1) The Minister may-

(a) after receiving a proposal containing the information required under section 96(1) from a person having an interest in establishing a water user association for a certain area; or

(b) on the Minister's own initiative;

by notice in the Gazette-

(i) establish a water user association, give it a name, determine its area of operation and approve its constitution subject to section 97(2); or

(ii) amend the name, area of operation or approve an amendment to the constitution of an established water user association.

(2) The Minister may, to the extent the Minister considers it appropriate-

(a) require a person who has submitted a proposal under subsection (1)(a) to obtain and provide the Minister with further information to that required under section 96(1); or

(b) instruct the Director-General to conduct an investigation concerning-

(i) the establishment of a water user association; or

(ii) a proposal submitted under subsection (1)(a).

(3) Subject to subsection (4), the Director-General must, before the Minister establishes a water user association-

(a) publish a notice in the Gazette-

(i) setting out the proposed establishment of the water user association, the proposed name and the proposed area of operation; and

(ii) inviting written comments to be submitted on the proposals, specifying an address at and a date before which the comments are to be submitted, which date may not be earlier than 30 days after publication of the notice in the Gazette; and;

(b) consider any comments received on or before the date specified in subsection (3)(a)(ii).

(4) The Director-General need not fulfil all the requirements under subsection (3), if the Director-General is satisfied that there has been sufficient consultation on a proposal submitted under subsection (1)(a).

(5) The Minister may-

(a) recover the cost of complying with the requirements under subsection (3) from the water user association once it has been established; or

(b) require the person proposing the establishment of the water user association to pay the costs in advance.

96 Proposals to establish water user associations

(1) A proposal to establish a water user association under section 95(1)(a) must provide at least the following-

(a) the reasons for making the proposal;

(b) a proposed name and area of operation for the association;

(c) the proposed activities of the association;

(d) a description of any existing or proposed waterwork within the area of operation for the association which is relevant to its proposed activities;

(e) a description of the water use licences or any other authorisations under this Act which the proposed members hold or intend applying for;

(f) the proposed constitution of the association, together with an explanation for any provisions which differ from those of the model constitution contained in Schedule VI;

(g) a list of the proposed members or categories of members of the association; and

(h) an indication whether there has been consultation in developing the proposal and the results of the consultation.

(2) The Director-General may assist a person to develop a proposal under subsection (1).

97 Provisions of constitutions of water user associations

(1) Schedule VI contains a model constitution which may, for the purposes of section 96(1)(f) be used as a basis for drawing up and proposing a constitution for a proposed water user association.

(2) The constitution of a water user association must contain at least the following-

(a) details of the principal and ancillary functions of the association;

(b) the procedures and requirements for admitting new members to the association;

(c) the voting powers of members;

(d) procedures for terminating membership;

(e) procedures for electing the management committee of the association;

(f) procedural requirements for appointment of employees of the association;

(g) procedural requirements for obtaining loans; and

(h) the financial obligations of members towards the association.

(3) A constitution must also incorporate any other provisions which the Minister may reasonably require and which must be adopted by the members of the association before exercising any powers or performing any functions or duties.

(4) A constitution adopted by a water user association is binding on all its members.

98 Powers, functions and duties of water user associations

(1) A water user association is a body corporate and has-

(a) the powers of a natural person of full capacity, except those powers which-

(i) by nature can only attach to natural persons; or

(ii) are inconsistent with this Act.

(b) the powers, functions and duties-

(i) set out in its constitution as approved by the Minister under section 95(1);

(ii) assigned or delegated to it by the Director-General under sections 76 or 77; or

(iii) given to it under any other Act.

(2) Schedule V [excluding paragraph 4(3) of Part 1 of Schedule V] applies to a water user association as if-

(a) the water user association was an institution; and

(b) a member of the management committee was a director,

within the meaning of that Schedule, except to the extent that the Minister may otherwise direct.

(3) Subject to this section, a water user association has the power to do all things that are necessary to be done for, or in connection with, or incidental to the performance of its functions.

99 Director-General may give directives to water user associations

(1) The Director-General may, after consulting with a water user association, direct that a person be admitted as a member of the association on such conditions which, in the opinion of the Director-General, are fair and equitable.

(2) A water user association must comply with a directive under subsection (1).

(3) If the Director-General is of the opinion that a water user association-

(a) is in financial difficulties or is being otherwise mismanaged;

(b) has acted unfairly or in a discriminatory or inequitable way towards any member of the association;

(c) has failed to admit persons to membership unfairly or on discriminatory grounds;

(d) has failed to comply with any directive given by the Minister or the Director-General under this Act;

(e) has obstructed the Minister, the Director-General or any other water management institution in exercising a power or performing a function or duty under this Act;

(f) is unable to exercise its powers or perform its functions and duties effectively due to dissension among the management committee or its members;

(g) has failed to comply with its constitution or this Act; or

(h) has become redundant or ineffective,

the Director-General may-

(i) direct the association to take any action specified by the Director-General;

(ii) withhold any financial assistance which might otherwise be available to the water user association; or

(iii) by notice addressed to the water user association and the member concerned, terminate the office of that member of the management committee and arrange for the resulting vacancy on the management committee to be filled.

(4) A directive under subsection (3)(i) must set out-

(a) the nature of the deficiency;

(b) the steps which must be taken to remedy the situation; and

(c) a reasonable period within which those steps must be taken.

(5) If the water user association fails to remedy the situation within the given period, the Director-General may-

(a) after having given that association a reasonable opportunity to be heard by the Director-General; and

(b) after having afforded the association a hearing on any submissions received,

take over the relevant power, function or duty of the association, or appoint a suitable person to take over the power, function or duty.

(6) If the Director-General, or a person appointed by the Director-General, takes over a power, function or duty of a water user association under subsection (5)-

(a) the Director-General or the appointee may do anything which the association might otherwise be empowered or required to do under its constitution and this Act, to the exclusion of the association;

(b) the management committee of the association may not, while the Director-General or the appointee is responsible for that power, function or duty, exercise any of its powers or perform any of its functions or duties relating to that power, function or duty;

(c) an employee or a contractor of the association must comply with a directive given by the Director-General or the appointee;

(d) as soon as the Director-General is satisfied that the association is once more able to perform its functions effectively, the Director-General or the appointee, as the case requires, must cease exercising any powers under (a); and

(e) the Director-General may recover from the association all reasonable costs incurred by the Director-General or the appointee, including-

(i) the reasonable fees or disbursements of the appointee; and

(ii) any losses suffered as a result of lawful and reasonable action taken under this section, except to the extent that the loss is caused or contributed to by the negligence of the Director-General or the appointee.

100 Minister may disestablish water user associations

(1) The Minister may, by notice in the Gazette, disestablish an association -

(a) in circumstances provided for in the constitution of the association;

(b) if the functions of the association are, by agreement with another water management institution, to be combined with, or taken over by that water management institution;

(c) if the Minister considers it to be in the best interests of the association or its members;

(d) if, after an investigation of its affairs, conducted in accordance with Part 5 of Schedule V, the Minister considers it appropriate;

(e) if the Director-General has taken over a power, function or a duty of the association in accordance with section 99(5); or

(f) if the Minister considers that the association is no longer active or effective.

(2) The Director-General must, before the Minister disestablishes a water user association-

(a) publish in the Gazette a notice-

(i) setting out that the Minister intends to disestablish the water user association;

(ii) setting out the reasons for disestablishing the water user association; and

(iii) inviting written comments to be submitted on the proposal, specifying an address at, and a date before which the comments are to be submitted, which date may not be earlier than 30 days after publication of the notice in the Gazette; and

(b) consider all comments received on or before the date specified in subsection (2)(a)(iii).

101 Winding up affairs of disestablished water user associations

(1) When a water user association is disestablished, its affairs must be wound up-

(a) as provided for in its constitution; or

(b) by a person appointed by the Director-General in accordance with directives given by the Director-General if the constitution does not provide for winding up.

(2) The costs of winding up a water user association are a cost against the estate of the association.

(3) Creditors of a water user association must be paid according to the order of preference established by the Insolvency Act, 1936 (Act 24 of 1936).

(4) If the affairs of a water user association are wound up, the Minister may direct that an amount equivalent to any financial contributions with interest made to the association from public funds be reimbursed, before assets are distributed among the members of the association.

(5) The Minister of Finance may direct that no transfer duty, other tax or duty is payable in respect of the transfer of any assets under subsection (4).

102 Transitional provisions for certain existing organisations

(1) This section applies to-

(a) any irrigation Board or subterranean water control Board established by or deemed to be an irrigation Board under any previous Act which is in existence when this Act commences;

(b) the Kalahari West Water Board, established under Government Notice 143 of 13 August 1982;

(c) the Karos-Geelkoppan Water Board, established under Government Notice 145 of 7 October 1983; and

(d) the Kalahari East Water Board, established under Government Notice 2233 of 4 November 1988,

each of which is a Board for the purposes of this section.

(2) A Board continues to exist until it becomes a water user association under subsection (6) or until disestablished under the provisions of the relevant Act which would have applied had this Act not taken effect.

(3) Subject to subsection (4)-

(a) the name, area of operation, management, property, rights, liabilities, obligations, powers, functions and duties of a Board remain the same as immediately before this Act commences;

(b) this section does not affect the continuity, status, operation or effect of any act or omission of a Board, or of any by-law made by a Board, before this Act commences; and

(c) any person holding office with a Board when this Act commences continues in office for the term of that person's appointment, provided that if a position becomes vacant prior to the transformation of a Board under subsection (6), the Board may fill the vacancy according to the procedures in terms of which Board members were appointed.

(4) Within six months of the commencement of this Act, a Board must prepare and submit to the Minister a proposal, prepared according to section 95(1), to transform the Board into a water user association.

(5) The Minister may accept the proposal under subsection (4), with or without amendments.

(6) If the Minister accepts the proposal, the Minister must by notice in the Gazette-

(a) declare the Board to be a water user association;

(b) give it a name;

(c) determine its area of operation; and

(d) approve its constitution.

(7) Upon the publication of a notice under subsection (6), every property, right and liability of the Board becomes a property, right and liability of the water user association.

CHAPTER 10

ADVISORY COMMITTEES

This Chapter empowers the Minister to establish advisory committees. Each advisory committee will be established for a particular purpose, and it is therefore possible for a variety of advisory committees to be established with different purposes and functions. Although primarily advisory in nature, such committees may exercise powers which are delegated to them. The Minister may amend the functions of an advisory committee, or disestablish it. Certain existing advisory committees will continue to function as though they were advisory committees established under this Act.

103 Minister may establish advisory committees

(1) The Minister may-

(a) establish an advisory committee;

(b) give it a name or change its name;

(c) determine its purpose and functions or effect amendments thereto;

(d) make appointments to the committee, including the chairperson and deputy chairperson;

(e) remove persons from the committee; and

(f) disestablish an advisory committee.

(2) Officials of the Department may be members of a committee.

(3) A member of a committee may be remunerated as directed by the Minister.

(4) An act performed in good faith by a committee is valid, despite any failure to comply with a formal procedural requirement.

(5) The Department may supply administrative support services to a committee.

(6) An official of the Department, if so directed by the Director-General, may attend a meeting of a committee, but may not vote at the meeting.

(7) The Minister in appointing and selecting a member of a committee, must consider-

(a) the powers, functions and duties of the committee;

(b) the need for the committee to represent various relevant interests; and

(c) the expertise necessary for the committee to carry out its powers, functions and duties effectively.

104 Minister may make regulations on advisory committees

The Minister may by regulation establish terms of reference and any other rules concerning the membership, powers, functions and duties and operation of a committee.

105 Transitional provisions relating to advisory committees

(1) The following bodies will be regarded as advisory committees established under section 103(1)-

(a) the National Water Advisory Council established under section 3A of the Water Act, 1956;

(b) the Advisory Committee on Safety of Dams established under section 9C(5)(a)(i) of the Water Act, 1956; and

(c) any advisory committee established under section 68(l) of the Water Act, 1956.

(2) Subject to the Minister exercising the Minister's powers under section 103-

(a) the name, powers, functions and duties of a committee or body referred to in subsection (1) remain the same as they were immediately before this Act commences;

(b) any provision of the Water Act, 1956, or a regulation or notice issued under the Water Act, 1956 regulating any matter under section 103, continues to apply as if it was a regulation issued under section 104; and

(c) any person holding office in a committee or body referred to in subsection (1) continues in office for the term of that person's appointment.

CHAPTER 11

INTERNATIONAL WATER MANAGEMENT

Under this Chapter the Minister may establish bodies to implement international agreements in respect of the management and development of water resources shared with neighbouring countries, and on regional co-operation over water resources. The governance, powers, functions and duties of these bodies are determined by the Minister in accordance with the relevant international agreement, but they may also be given additional functions, and they may perform their functions outside the Republic. Certain existing international bodies are deemed to be bodies established under this Act.

106 Minister may establish bodies to implement international agreements

The Minister may, by notice in the Gazette, establish a body to implement any international agreement entered into by the South African Government and a foreign government relating to-

(a) investigating, managing, monitoring and protecting water resources;

(b) regional co-operation on water resources;

(c) acquiring, constructing, altering, operating or maintaining a waterwork; or

(d) the allocation, use and supply of water.

107 Governance and functions of bodies

(1) A notice under section 106 must, with due regard to the relevant international agreement, give details of-

(a) the governance of the body;

(b) the functions of the body;

(c) the financing of the body;

(d) mechanisms for controlling and supervising the affairs of the body;

(e) the disestablishment of the body and the winding-up of the body's affairs; and

(f) any other matter which the Minister may consider necessary to give effect to the agreement.

(2) If the Minister is satisfied that it will not prejudice the capacity of a body to perform the functions for which it was established, the Minister may direct a body constituted under section 106 to perform additional functions.

(3) Additional functions which the Minister may authorise under subsection (2) may inc, but are not limited to, providing water management institutions with-

(a) management services;

(b) financial services;

(c) training; and

(d) other support services.

(4) The body may perform its functions and activities outside the Republic.

108 Powers of bodies

A body established under section 106 is a body corporate and has the powers of a natural person of full capacity, except those powers which-

(a) by their nature can attach only to natural persons; and

(b) are excluded by or are inconsistent with this Act or the international agreement.

109 Bodies must manage different functions as separate units

(1) If given additional functions under section 107(2), a body must manage each of its functions separately, and must account for them separately.

(2) A body must apply accounting practices consistent with generally accepted accounting practices.

110 Bodies must issue reports on the performance of functions

(1) Unless the international agreement provides otherwise, a body must report on the performance of its functions within three months of the end of its financial year.

(2) The report must-

(a) be accompanied by the body's audited financial statements for that financial year; and

(b) be submitted to the Minister and any other party required by the international agreement.

(3) The report must contain sufficient information to allow the Minister to assess the performance of the body in respect of all its functions against the objectives set out in the relevant agreement.

111 Investigating the affairs or financial position of bodies

(1) The Minister may, with the consent of other parties to the agreement, or if the agreement so provides, appoint a person to investigate the affairs or financial position of a body and that person may for this purpose attend any meeting of the body.

(2) A body must, subject to subsection (1), on request, provide the Minister's appointee -

(a) with information on the affairs and financial position of the body;

(b) access to all books, accounts, documents and assets of the body as required by the Minister or the Minister's appointee; and

(c) with information and data on water resources.

(3) The Minister may recover from the body concerned the fees and disbursements of any person appointed under subsection (1).

112 Transitional provisions relating to existing bodies

The following organisations are deemed to be bodies established under section 106-

(a) Trans-Caledon Tunnel Authority established by Government Notice 2631 of 12 December 1986;

(b) Komati Basin Water Authority established by an agreement dated 13 March 1992 with the Kingdom of Swaziland; and

(c) Vioolsdrift Noordoewer Joint Irrigation Authority established by an agreement dated 14 September 1992 with the Government of Namibia.

CHAPTER 12

NATIONAL WATER UTILITY

The provisions in this Chapter enable the Minister, after public consultation, to establish and make regulations in respect of the national water utility. The national water utility would plan, finance, design, construct or acquire, operate control and maintain waterworks of national importance so as to reduce the burden on the state's resources. It may also perform its functions outside the Republic.

113 Minister may establish a national water utility

(1) The Minister may, by notice in the Gazette and with the concurrence of the Minister of Finance and the Minister of Public Service and Administration, establish the national water utility in order to-

(a) manage, acquire, plan, construct, maintain, operate and control a waterwork of national importance;

(b) store and distribute raw water in bulk; and

(c) finance, plan, design, construct, acquire, operate, control, monitor and maintain water infrastructure of national importance.

(2) Before establishing a national water utility, the Minister must-

(a) publish a notice in the Gazette -

(i) setting out the proposed establishment of a national water utility; and

(ii) inviting written comments to be submitted on the proposed establishment of a national water utility specifying an address at and a date before which the comments are to be submitted, which date may not be earlier than 30 days after the publication of the notice in the Gazette; and

(b) consider all comments received on or before the date specified in subsection (2)(a)(ii).

(3) The national water utility may perform its functions and activities outside the Republic.

114 Competencies and powers of the national water utility

The body established under section 113 is a body corporate and has the powers of a natural person of full capacity, except those powers which-

(a) by nature can only attach to natural persons; and

(b) are inconsistent with this Act.

115 Minister may make regulations on the national water utility

The Minister may make regulations in respect of the national water utility relating to-

(a) its constitution;

(b) the qualifications, term of office and remuneration of persons appointed to its governing body;

(c) the management of its affairs, including financial affairs; and

(d) its powers, functions, duties and activities.

CHAPTER 13

GOVERNMENT WATERWORKS

This Chapter gives the Minister the power to establish and operate government waterworks in the public interest out of funds allocated by Parliament or from other sources. Examples of such waterworks inc water storage dams, water transfer schemes and flood attenuation works. The Minister must satisfy certain procedural requirements before constructing a government waterwork, including a duty to obtain an environmental impact assessment and invite public comment, except for emergency, temporary or insignificant waterworks. Water from a government waterwork may be made available for allocation to water users and charges fixed for this water. Water in a government waterwork may also be made available for recreational purposes, subject to controls by the Director-General and regulations made by the Minister. Existing government waterworks are subject to this Chapter.

116 Minister may acquire, construct, alter, repair, operate and control government waterworks

The Minister may acquire, construct, alter, repair, operate or control government waterworks in order to protect, use, develop, conserve, manage and control the country's water resources in the public interest.

117 Minister must consult and obtain an environmental impact assessment before constructing government waterworks

(1) Before constructing a waterwork under this Chapter, the Minister must-

(a) prepare an environmental impact assessment relating to the proposed waterwork;

(b) publish a notice in the Gazette-

(i) setting out the proposal to construct the waterwork;

(ii) containing a summary of the environmental impact assessment; and

(iii) inviting written comments to be submitted on the proposed construction of the waterwork, specifying an address at and a date before which the comments are to be submitted, which date may not be earlier than 30 days after publication of the notice in the Gazette; and

(c) consider-

(i) all comments received on or before the date specified in subsection (1)(b)(iii); and

(ii) the environmental impact assessment under subsection (1)(a).

(2) Subsection (1) does not apply-

(a) to a waterwork which is constructed in emergency or unforeseen circumstances;

(b) to a temporary waterwork intended to be in operation for a period of less than five years; or

(c) if the Minister considers the waterwork to be insignificant.

118 Financing of government waterworks

The Minister may finance the acquisition, construction, alteration, repair, operation and control of government waterworks from-

(a) funds appropriated by Parliament;

(b) water use charges; or

(c) any other source.

119 Director-General may make water available from government waterworks

(1) The Director-General may make water from a government waterwork available for allocation in accordance with Chapter 4.

(2) The Director-General may fix a charge for water allocated from a government waterwork in accordance with Chapter 5.

120 Access to and use of government waterworks for recreational purposes

(1) The Director-General may make the water of a government waterwork and the surrounding state-owned land available for recreational purposes, either generally or for a specific purpose, on the conditions and to the persons determined by the Minister.

(2) The Director-General may-

(a) control or prohibit access to any government waterwork; and

(b) subject to this Act, levy reasonable charges for-

(i) the use of;

(ii) entry into; and

(iii) the use of any water surface or land associated with,

any government waterwork for recreational purposes.

(3) Nothing done by the Director-General under this section exempts any person from complying with other provisions of this Act and with any other applicable law.

121 Government waterworks constructed before commencement of this Act

This Act also applies to government waterworks constructed before this Act commences.

122 Disposal of government waterworks

(1) The Minister may transfer, sell or otherwise dispose of any government waterworks to any person.

(2) No government waterwork referred to in subsection (1) may be transferred, sold or disposed of without the approval of the national executive, if its value exceeds an amount specified from time to time by the Minister in concurrence with the Minister of Finance.

(3) Where a government waterwork is disposed of or transferred to a water management institution, the Minister of Finance may direct that no transfer duty, other tax or duty is payable in respect of the transfer of any assets.

123 Minister may make regulations on recreation at government waterworks

The Minister may make regulations providing for-

(a) the management of and control over government waterworks and surrounding state-owned land for recreational purposes;

(b) rules for the use of the water of a government waterwork and the surrounding state-owned land for recreational purposes; and

(c) charges for -

(i) entrance to;

(ii) use of facilities at; and

(iii) the private development of,

a government waterwork for recreational purposes.

CHAPTER 14

SAFETY OF DAMS

This Chapter contains measures aimed at improving the safety of dams with a safety risk so as to reduce the potential for harm to the public, to property or to resource quality. To reduce the risk of a dam failure, control measures require an owner to comply with certain directives and regulations, such as to submit a report on the safety of a dam, to repair or alter a dam, or to appoint an approved professional person to undertake these tasks. These measures are in addition to the owners' common law responsibility to ensure the safety of their dams. An approved professional person has a statutory duty of care towards the state and the general public and must fulfil other defined responsibilities when acting under this Chapter. Not all dams are subject to regulation under this Chapter, and the Director-General may exempt certain persons from its requirements. Only dams of a defined size, dams which have been declared to be dams with a safety risk, or dams falling into a prescribed category are affected. All dams with a safety risk must be registered. Compliance with any directive or regulation under this Chapter does not exempt an owner from complying with any other provision of this Act, such as the requirement for a licence or other authorisation for water use in respect of the dam.

124 Definitions on safety of dams

In this Chapter-

(a) "approved professional person" means a person registered under the Engineering Profession of South Africa Act, 1990 (Act 114 of 1990) and approved after consultation with the Engineering Council of South Africa (established under section 2 of the same Act) by the Director-General;

(b) "dam" incs any existing or proposed structure which is capable of containing, storing or impounding water (including temporary impoundment or storage), whether that water contains any substance or not;

(c) "dam with a safety risk" means any dam -

(i) which can contain, store or dam more than 50 000 cubic metres of water, whether that water contains any substance or not, and has a wall of a vertical height of more than five metres, measured as the vertical difference between the lowest downstream ground elevation on the outside of the dam wall and the non-overspill crest level or the general top level of the dam wall;

(ii) belonging to a category of dams prescribed under section 130(1)(c) to be dams with a safety risk; or

(iii) declared under section 125(3)(a) to be a dam with a safety risk; and

(d) "owner of a dam" or "owner of a dam with a safety risk" incs the person in control of that dam.

125 Control measures for a dam with a safety risk

(1) Tasks relating to-

(a) designing;

(b) constructing;

(c) altering;

(d) repairing;

(e) impounding water in;

(f) operating;

(g) evaluating the safety of;

(h) maintaining;

(i) monitoring; or

(j) abandoning,

a dam with a safety risk, must be carried out according to-

(i) any regulation made under section 130(1)(d); and

(ii) any directive issued under subsection (3)(c).

(2) The owner of a dam must-

(a) within the period specified, provide the Director-General with any information, plans, specifications, design assumptions, calculations, documents and test results requested by the Director-General; or

(b) give any person authorised by the Director-General access to that dam,

to enable the Director-General to determine whether-

(i) that dam is a dam with a safety risk as defined in section 124(c)(iii);

(ii) that dam should be declared under subsection (3)(a) to be a dam with a safety risk;

(iii) a directive should be issued under subsection (3)(c) to undertake specific repairs or alterations to that dam; or

(iv) the owner complies with any provisions of this Act applicable to that dam.

(3) The Director-General may-

(a) by written notice to the owner of a dam, declare that dam to be a dam with a safety risk;

(b) direct the owner of a dam with a safety risk to submit, at the owner's cost, and within a period specified by the Director-General, a report by an approved professional person regarding the safety of that dam;

(c) direct the owner of a dam with a safety risk to undertake, at the owner's cost, and within a period specified by the Director-General, any specific repairs or alterations to that dam which the Director-General considers necessary to protect the public, property or the resource quality from a risk of failure of the dam; or

(d) if the owner of the dam fails to comply with the directive under subsection (3)(c) within the period specified, undertake the repairs or alterations and recover the costs from the owner.

(4) Before issuing a directive under subsection (3)(c), the Director-General must-

(a) be satisfied that the repairs or alterations directed are necessary, adequate, effective and appropriate to reduce the risk to an acceptable level; and

(b) consider the impact on public safety, property, the resource quality and socio-economic aspects if the dam fails.

126 Responsibilities of approved professional persons

(1) When carrying out a task under this Chapter, an approved professional person also has a duty of care towards the state and the general public.

(2) An approved professional person appointed to carry out a task on a dam must-

(a) be satisfied that the task is carried out according to the design, plans and specifications;

(b) keep the prescribed records;

(c) compile the prescribed reports; and

(d) issue a completion certificate to the owner of the dam that the task on that dam has been carried out according to acceptable dam engineering practices and the applicable design, plans and specifications.

(3) An approved professional person appointed to carry out a dam safety evaluation must-

(a) consider whether the safety norms pertaining to the design, construction, operation, performance and maintenance of the dam satisfy acceptable dam engineering practices; and

(b) compile a report on the findings set out under (a) according to the prescribed requirements and submit the signed and dated report to the owner of the dam within the prescribed period.

127 Registration of a dam with a safety risk

(1) The owner of a dam with a safety risk must register that dam.

(2) An application for registration under subsection (1) must be made within 120 days-

(a) of the date on which the dam with a safety risk becomes capable of containing, storing or impounding water;

(b) of the date on which an already completed dam is prescribed under section 130(1)(c) or declared under section 125(3)(a) to be a dam with a safety risk; and

(c) of the date of change of ownership of the dam.

128 Factors to be considered in declaring or prescribing a dam with a safety risk

The Director-General must in declaring a dam under section 125(3)(a), and the Minister must in prescribing a category of dams to be dams under section 130(1)(c), consider-

(a) the need to protect the public, property and the resource quality against the potential hazard posed by the dam or type of dam;

(b) the extent of potential loss or harm if a risk eventuates;

(c) the cost of any prescribed requirements and whether they are reasonably achievable;

(d) the socio-economic impact if such a dam fails; and

(e) in the case of a particular dam, also-

(i) the manner in which that dam is designed, constructed, altered, repaired, operated, inspected, maintained or abandoned;

(ii) the person by whom that dam is designed, constructed, altered, repaired, operated, inspected maintained or abandoned; and

(iii) the manner in which the water is contained, stored or impounded in that dam.

129 Director-General may exempt persons from this Chapter

(1) The Director-General may exempt-

(a) a person in writing; or

(b) a category of persons, by notice in the Gazette-

from this Chapter or part of this Chapter or any regulation made under this Chapter, on conditions determined by the Director-General.

(2) The Director-General may, in the same manner as in subsection (1), withdraw the exemption or impose further or new conditions in respect of the exemption.

(3) When acting under subsection (1), the Director-General must consider, in respect of the particular dam or category of dams-

(a) the degree of risk or potential risk posed by the dam or dams to public safety, property and the resource quality;

(b) the manner of design, construction, alteration, repair, impoundment of water in, operation or abandonment of the dam or dams;

(c) the supervision involved in the dam or dams;

(d) alternative measures proposed for regulating the design, construction, alteration, repair, operation, maintenance, impoundment of water in, inspection of abandonment of the dam or dams and the effectiveness of these measures;

(e) the knowledge and expertise of the persons involved in any task relating to the dam or dams;

(f) the costs relating to the dam or dams;

(g) any security provided or intended to be provided for any damage which could be caused by the dam or dams; and

(h) whether the dam or category of dams are permitted in terms of a licence or any other authorisation issued under any other Act.

130 Minister may make regulations on dam safety

(1) The Minister may make regulations-

(a) establishing a register of approved professional persons for dams with a safety risk-

(i) providing for-

(aa) different classes of approved professional persons;

(bb) the tasks or category of tasks which each class of approved professional persons may perform; and

(cc) the conditions under which each class of approved professional persons may perform any task or category of tasks;

(ii) concerning the requirements for admission to each class;

(iii) setting out, in respect of each class, the procedure for-

(aa) approval;

(bb) withdrawal of an approval; and

(cc) suspension of an approval; and

(iv) providing for a processing fee for an approval;

(b) regulating the approval of a person as an approved professional person for a specific task-

(i) setting out the procedure for approval;

(ii) setting out the procedure for canceling an approval;

(iii) requiring that the approved person be assisted in the task by another person or a group of persons with specific experience and qualifications; and

(iv) providing for a processing fee for an approval;

(c) prescribing a category of dams to be dams with a safety risk;

(d) in respect of tasks relating to dams with a safety risk-

(i) classifying these dams into categories;

(ii) requiring the owner of a specific category of dams to appoint an approved professional person to-

(aa) design that dam or any repair, alteration or abandonment of the dam;

(bb) ensure that a task is carried out according to the applicable design, plans and specifications; and

(cc) carry out dam safety evaluations on the dam;

(iii) requiring that licences be issued by the Director-General before any task relating to a specific category of dams may commence, and the conditions, requirements, and procedure for any specific licence;

(iv) laying down licence conditions and requirements that must be met when carrying out a task on a specific category of dams;

(v) requiring an approved professional person, appointed for a specific task for a specific category of dams, to keep records of information and plans, and to compile reports;

(vi) requiring-

(aa) an owner of a specific category of dams; and

(bb) an approved professional person appointed for a specific task for a specific category of dams,

to submit information, plans, reports and manuals;

(vii) determining the duties of-

(aa) an owner of a specific category of dams; and

(bb) an approved professional person appointed for a specific task for a specific category of dams;

(e) requiring the registration of a specific category of dams with a safety risk, and setting out the procedure and the processing fee payable for registration; and

(f) specifying time periods that must be complied with.

(2) In making regulations under subsection (1)(a), the Minister must consider-

(a) the expertise required for the effective design, construction, alteration, repair, operation, maintenance and abandonment of a dam in the category concerned; and

(b) the qualifications and experience needed to provide the expertise for a particular category of tasks.

(3) Before making regulations under subsection (1), the Minister must consult the Engineering Council of South Africa, established by section 2 of the Engineering Profession of South Africa Act, 1990.

CHAPTER 15

ACCESS TO AND RIGHTS OVER LAND

Part 1 of this Chapter allows authorised persons to enter and inspect property for a number of purposes associated with implementing this Act. The rights of property owners are protected in that: only authorised persons may enter and inspect property; authorised persons must carry a certificate of authorisation and must produce that certificate on request; in certain circumstances notice of entry must be given and the consent of the person owning or occupying the property must be obtained before entry; in certain circumstances a warrant must be obtained prior to entry; and compensation must be paid for any damage caused as a result of the entry and inspection.

Part 2 deals with servitudes. A servitude is a right that a person has over property belonging to another person. This Part allows a person who is authorised to use water under the Act to claim a servitude over another person's land where this is necessary to make that water use effective. For example it might be necessary to lead water over another person's land to take it from the source to the authorised water user's land, and a servitude would be necessary to do this. A servitude cannot be claimed unless the claimant is authorised to use water, and if the authorisation is withdrawn or otherwise terminated, the servitude will lapse. Servitudes are acquired by agreement between the authorised water user and the relevant land owner (either according to existing procedures laid down in the Deeds Registries Act or by way of an agreement which is made an order of court) or, if there is a dispute between the parties, by settlement of the dispute in court. Procedural details regarding the acquisition of servitudes and their registration are not set out in this Part but are contained in Schedule III.

Part 3 deals with ownership and restoration relating to waterworks placed on the land of another, and creates an exception to the general common law rule that personal servitudes are not transferable from the holder to another person. It allows transfers of personal servitudes that are held by and transferred between the Minister and water management institutions.

Part 1: Entry and inspection

131 Appointment of persons authorised to enter and inspect properties

(1) A water management institution may, in writing, appoint any suitable person to enter any property to carry out the activities set out in section 132(1), (2) and (3).

(2) The person appointed under subsection (1) must be provided with a certificate of appointment signed by or on behalf of the water management institution in which it is stated that such person has been appointed to carry out the activities set out in section 132(1), (2) and (3).

132 Powers of persons appointed to enter and inspect properties

(1) A person appointed under section 131(1) may, at any reasonable time and without prior notice, enter a property with the necessary persons, vehicles, equipment and material in order to carry out routine inspections of the use of water under any authorisation.

(2) A person appointed under section 131(1) may enter a property with the necessary persons, vehicles, equipment and material-

(a) after giving reasonable notice to the owner or occupier of the property, which notice must state the purpose of the proposed entry; and

(b) after obtaining the consent of the owner or occupier of that property,

in order to-

(i) gather information and data on water resources;

(ii) monitor water resources;

(iii) carry out activities related to water research;

(iv) clean, repair, maintain, remove or demolish any government waterwork operated by any water management institution;

(v) undertake any work necessary for cleaning, clearing, stabilising and repairing the water resource and protecting the resource quality;

(vi) establish the suitability of any water resource or site for constructing a waterwork;

(vii) undertake any work necessary to comply with an obligation imposed on any person under this Act, where that person has failed to fulfil that obligation;

(viii) erect any structure and to install and operate any equipment on a temporary basis for monitoring and gathering information on water resources; or

(ix) cross the property in order to enter or return from another property to reach or return from a watercourse.

(3) A person appointed under section 131(1) may, at any reasonable time and without prior notice, on the authority of a warrant, enter a property with the necessary persons, vehicles, equipment and material, and perform any action necessary to-

(a) investigate whether this Act, any condition attached to any authorised water use under this Act, notice, or directive, is not being complied with;

(b) investigate whether any information supplied in connection with the use of water is accurate; or

(c) carry out any of the activities referred to in subsection (2)(b) where the consent of the owner or occupier of that property has been withheld.

(4) A warrant referred to in subsection (3) must be issued by a judge or a magistrate who has jurisdiction in the area where the property in question is situated, and must only be issued if it appears from information obtained on oath that-

(a) there are reasonable grounds for believing that this Act, any condition attached to any authorised water use under this Act, notice, or directive, is not being complied with;

(b) there are reasonable grounds for believing that any information supplied in connection with the use of water is inaccurate; or

(c) access to that property has been denied.

(5) If a person appointed under section 131(1) is of the opinion -

(a) that a warrant would be issued under subsection (4) if applied for; and

(b) that a delay in obtaining a warrant would defeat the object of subsection (3)(a), (b) or (c),

that person may enter a property without a warrant.

(6) A person appointed under section 131(1) entering property in terms of this section must, on the request of any person on that property, identify himself or herself and present a certificate of appointment.

Part 2: Servitudes

133 Definitions of servitudes

In this Chapter-

(a) "servitude of abutment" means the right to occupy, by means of a waterwork, the bed or banks of a stream or adjacent land belonging to another;

(b) "servitude of aqueduct" means the right to occupy land belonging to another by means of a waterwork for abstracting or leading water; and

(c) "servitude of submersion" means the right to occupy land belonging to another by submerging it under water.

134 Acquisition of servitudes

(1) A person who is authorised under this Act to use water may-

(a) claim a servitude of-

(i) abutment;

(ii) aqueduct; or

(iii) submersion; or

(b) obtain an amendment to any existing servitude of abutment, aqueduct or submersion,

to the extent that this is necessary to give effect to that authorisation.

(2) A servitude under this Chapter may be claimed in respect of an existing waterwork.

(3) A new servitude must be claimed, and an amendment to an existing servitude obtained, in the manner set out in section 136.

135 Rights and duties of servitude holders and landowners

(1) A holder of a servitude under this Chapter has a reasonable right of access to the land which is subject to the servitude for the purpose of-

(a) constructing;

(b) altering;

(c) replacing;

(d) inspecting;

(e) maintaining;

(f) repairing; or

(g) operating,

the relevant waterwork, or for any other purpose necessary for the effective enjoyment of that servitude.

(2) A holder of a servitude under this Chapter may, in a reasonable manner and subject to any other applicable law-

(a) take from the land subject to the servitude, any material or substance reasonably required for-

(i) constructing;

(ii) altering;

(iii) replacing;

(iv) maintaining; or

(v) repairing,

any waterwork or part of a waterwork in respect of which the servitude has been acquired;

(b) remove and use vegetation or any other obstacle which is on the land subject to the servitude and which is detrimental to the reasonable enjoyment of the servitude;

(c) deposit on the land subject to the servitude any material or substance excavated or removed from the waterwork in the reasonable exercise of the servitude;

(d) occupy, during the period of construction of the waterwork in respect of which the servitude has been acquired, as much of the land subject to the servitude as may reasonably be required for-

(i) constructing camps or roads;

(ii) constructing houses, reservoirs or other buildings or structures; or

(iii) installing machinery or equipment,

necessary for the construction of the waterwork;

(e) occupy, for the duration of the servitude, as much of the land subject to the servitude as is reasonably required for-

(i) accommodating people;

(ii) workshops; or

(iii) storage purposes,

to the extent that this is necessary for the control, operation and maintenance of the relevant waterwork.

(3) A holder of a servitude under this Chapter must, when requested in writing by the owner of the land subject to the servitude, at the holder's cost-

(a) maintain the servitude area;

(b) repair and maintain waterworks relating to the servitude; and

(c) repair and maintain access roads associated with the servitude.

(4) If the holder of a servitude fails to act under subsection (3), the owner of the land may arrange for the necessary work to be done and may recover any reasonable cost incurred from the servitude holder by order of a competent court.

(5) On termination of a servitude, the holder of the servitude must rehabilitate the land subject to the servitude to the extent that this is reasonably possible.

136 Procedure to acquire and amend servitudes

(1) A servitude under this Chapter may be acquired or an amendment to a servitude obtained by-

(a) executing a deed of servitude under section 65 or 75 of the Deeds Registries Act, 1937 (Act 47 of 1937);

(b) agreement between the claimant and the owner of the land affected by the servitude, which agreement is made an order of a High Court in accordance with paragraph 1(5) of Schedule III; or

(c) an order of a High Court under paragraph 1(6) of Schedule III.

(2) The procedure for acquiring a servitude or obtaining an amendment is set out in Schedule III.

(3) A person claiming a servitude or an amendment to a servitude under this Chapter may, on reasonable notice to the landowner-

(a) enter;

(b) make any investigation; and

(c) undertake any operation,

on the land which will be subject to the servitude, where this is reasonable in the circumstances and necessary for determining the nature and extent of the servitude and for complying with paragraph 1(3) of Schedule III.

(4) A person acting under subsection (3) must-

(a) cause as little damage as possible to the land; and

(b) where any damage is caused-

(i) repair the damage where possible; or

(ii) pay compensation to the landowner in an agreed amount or an amount determined by a competent court.

(5) An owner of the land against which a servitude under this Chapter is claimed, may claim to share in the use of any proposed waterwork relating to the servitude provided that-

(a) the owner of the land is authorised to use water from a specific water resource;

(b) the use of the waterwork is compatible with the authorised water use; and

(c) the owner of the land will be responsible for a proportionate share of the cost of constructing, repairing and maintaining the waterwork.

(6) A claim to share in the use of a waterwork under subsection (5) must be dealt with-

(a) in the agreement between the parties under paragraph 1(5) of Schedule III; or

(b) in a High Court order under paragraph 1(6) of Schedule III.

137 Powers of High Courts in respect of claims for servitudes

On hearing a claim for a servitude or for an amendment to a servitude under this Chapter, a High Court may-

(a) award the claim with or without modifications, on such terms as it considers just;

(b) award compensation or refuse to award compensation in accordance with section 138;

(c) determine whether a proportionate amount of compensation should be paid to the holder of a right of lease, mortgage, usufruct or similar right over the property, and order that such compensation be paid; or

(d) dismiss the claim.

138 Compensation payable for granting of servitudes

(1) In exercising its powers under section 137(b) and (c) a High Court may order the payment of just and equitable compensation.

(2) In determining just and equitable compensation a High Court must take into account all relevant factors, including-

(a) the nature of the servitude or amendment, including the nature and function of the waterwork relating to the servitude or amendment;

(b) whether any existing waterwork will be used to give effect to the servitude;

(c) the probable duration of the servitude;

(d) the current use of the land affected by the servitude or amendment;

(e) the extent of the deprivation of use of the land likely to be suffered as a result of the servitude or amendment;

(f) the market value of the land affected by the servitude or amendment including, where relevant, the rental value of the land;

(g) the nature and extent of the actual inconvenience or loss likely to be suffered by the exercise of the rights under the servitude or amendment;

(h) the extent to which the land may reasonably be rehabilitated on termination of the servitude;

(i) any advantage that the landowner, or other person with a compensatable interest in the land subject to the servitude, is likely to derive as a result of the servitude or amendment; and

(j) the public interest served by the waterwork relating to the servitude or amendment.

(3) A High Court may determine the time and manner of payment of the compensation.

139 Cancellation of servitudes that have lapsed

(1) An owner of land subject to a servitude may-

(a) if the relevant authorisation associated with the servitude is terminated;

(b) if the rights and obligations in respect of the servitude have not been exercised on the land subject to the servitude for a continuous period of three years; or

(c) for any other lawful reason,

apply to a High Court for the cancellation of that servitude.

(2) A High Court may, on any application under subsection (1), make any order it considers appropriate.

140 Noting of servitudes and amendments by endorsement against title deeds

(1) A servitude acquired under this Chapter will take effect as a real right when noted by endorsement against the title deed of the land-

(a) against which; and

(b) in favour of which,

it has been acquired, in accordance with paragraph 2 of Schedule III.

(2) Nothing in this section prevents a person from electing to register a servitude in accordance with section 65 or 75 of the Deeds Registries Act, 1937.

(3) An amendment to a servitude under this Chapter must also be noted against the title deed of the relevant land in accordance with paragraph 2 of Schedule III.

141 Noting of cancellation of servitudes by endorsement against title deeds

The cancellation of a servitude which has lapsed under section 139 must be effected by noting an endorsement against the title deed of the land-

(a) against which; and

(b) in favour of which,

the servitude was acquired, in accordance with paragraph 3 of Schedule III.

142 Joint waterwork involving servitude

(1) Subject to Chapter 4, two or more persons who are authorised to use water may agree to-

(a) construct a joint waterwork; and

(b) create a servitude or servitudes associated with that waterwork,

to give effect to their authorised water use.

(2) Section 136(1)(b) will apply to any agreement concluded under subsection (1).

Part 3: Waterworks and personal servitudes

143 Ownership of waterworks placed in good faith

(1) A water management institution (including the state)-

(a) retains ownership of a waterwork placed in good faith on land belonging to another;

(b) may remove such a waterwork from the land; and

(c) may transfer the rights held in respect of improvement on the land to another water management institution.

(2) When a waterwork is removed under subsection (1)(b), the owner of the property-

(a) may require the Minister or the water management institution concerned to restore, as far as possible, any physical damage to the land caused by the removal; and

(b) will have no other claim against the Minister or water management institution concerned.

(3) The Minister or a water management institution may transfer the Minister's or its rights in respect of improvements on property not owned by the Minister or it to another person or authority.

144 Personal servitudes may be transferred

(1) Despite any law to the contrary, a personal servitude, whether registered or not, held by the Minister or a water management institution may be transferred-

(a) from the Minister to a water management institution; or

(b) from a water management institution to the Minister or to another water management institution.

(2) The relevant Registrar of Deeds must register a notarially executed deed of cession to transfer a personal servitude under subsection (1).

CHAPTER 16

MONITORING, ASSESSMENT AND INFORMATION

Monitoring, recording, assessing and disseminating information on water resources is critically important for achieving the objects of the Act. Part 1 of this Chapter places a duty on the Director-General, as soon as it is practicable to do so, to establish national monitoring networks. The purpose of the networks will be to facilitate the continued and co-ordinated monitoring of various aspects of water resources by collecting relevant information and data, through established procedures and mechanisms, from a variety of sources including organs of state, water management institutions and water users.

Part 2 requires the Director-General, as soon as it is practicable to do so, to establish national information systems, each covering a different aspect of water resources, such as a national register of water use authorisations, or an information system on the quantity and quality of all water resources. The Director-General may require any person to provide the Department with information prescribed by the Minister in regulations. In addition to its use by the Department and water management institutions, and subject to any limitations imposed by law, information in the national systems should be generally accessible for use by water users and the general public.

Part 3 requires certain information relating to floods, droughts and potential risks to be made available to the public. Township layout plans must indicate a specific flood line, while water management institutions must use the most appropriate means to inform the public about anticipated floods, droughts or risks posed by water quality, the failure of waterworks or any other related matter. The Director-General may establish early warning systems to anticipate such events.

Part 1 : National monitoring networks

145 Director-General must establish national monitoring networks

(1) The Director-General must establish national monitoring networks on water resources as soon as reasonably practicable.

(2) The networks must provide for the collection of appropriate data and information necessary to assess, among other matters-

(a) the quantity of water;

(b) the quality of water resources;

(c) the use of water resources;

(d) the rehabilitation of water resources;

(e) compliance with resource quality objectives;

(f) the health of aquatic ecosystems and marine coastal waters; and

(g) atmospheric conditions which may influence water resources.

146 Director-General must establish mechanisms to co-ordinate the monitoring of water resources

The Director-General must, after consultation with-

(a) relevant organs of state;

(b) relevant water management institutions; and

(c) relevant existing and potential users of water resources,

establish mechanisms and procedures to co-ordinate monitoring of water resources.

Part 2: National information systems on water resources

147 Director-General must establish national information systems

(1) The Director-General must, as soon as reasonably practicable, establish national information systems about water resources.

(2) The information systems may inc, among others-

(a) a hydrological information system;

(b) a water resource quality information system;

(c) a groundwater information system relating to water found underground; and

(d) a register of water use authorisations.

148 Objectives of national information systems

(1) The objectives of national information systems are-

(a) to store and provide data and information for the protection, sustainable use and management of water resources;

(b) to provide information for the development and implementation of the national water resource strategy;

(c) to provide information to water management institutions, water users and the public for-

(i) research and development;

(ii) planning and impact assessments;

(iii) public safety and disaster management; and

(iv) reporting on the status of water resources.

149 Director-General may require persons to provide information

The Director-General may require in writing that any person must, within a reasonable given time or on a regular basis, provide the Department with any data, information, documents, samples or materials reasonably required for-

(a) the purposes of any national monitoring network or national information system under this Chapter; and

(b) the management and protection of water resources.

150 Access to information

Information contained in any national information system established under this Chapter must be made available by the Director-General, subject to any limitations imposed by law, and the payment of a reasonable charge set by the Director-General.

151 Minister may make regulations for monitoring, assessment and information

The Minister may make regulations prescribing-

(a) guidelines, procedures, standards and methods for monitoring; and

(b) the nature, type, time period and format of data to be submitted under this Chapter.

Part 3 : Information on flood lines, floods and droughts

152 Flood lines on plans in respect of establishment of townships

For the purposes of ensuring that all affected or possibly affected persons have access to information regarding potential flood hazards, no person may establish a township unless the lay-out plan shows, in a form acceptable to the local authority concerned, lines indicating the maximum level likely to be reached by floodwaters on average once-in-every-100 years.

153 Water management institutions have a duty to make information available to the public

(1) A water management institution has a duty to make information at its disposal available to the public in a manner it considers appropriate, in respect of-

(a) a flood which has occurred or which is expected to occur;

(b) a drought which has occurred or which is expected to occur;

(c) a waterwork which may fail or has failed, if the failure may endanger life or property;

(d) any risk posed by the quality of water to life, health or property; and

(e) any matter that is necessary to achieve the objects of the Act.

(2) The Director-General may, where reasonably practicable, establish an early warning system in relation to the events set out in subsection (1).

CHAPTER 17

APPEALS AND DISPUTE RESOLUTION

This Chapter establishes the Water Appeal Board to hear appeals against decisions made by a responsible authority and certain decisions by water management institutions under this Act. The Board is an independent body, whose members are appointed through an independent selection process, and which may conduct hearings throughout the Republic. The responsible authority is the Director-General or a water management institution to which the Director-General has assigned or delegated decision-making powers. A person may appeal to the Board against a decision which adversely affects that person's rights, which in most cases will relate to authority to use water. A person may appeal to a High Court against a decision of the Board on a question of law. This Chapter also provides for disputes to be resolved by mediation, if so directed by the Minister.

154 Establishment of the Water Appeal Board

(1) The Water Appeal Board is hereby established.

(2) The Board is an independent body which-

(a) has jurisdiction in all provinces of the Republic; and

(b) may conduct hearings anywhere in the Republic.

(3) The function of the Board is to hear appeals under section 156(1).

(4) The Board consists of a chairperson, a deputy chairperson and so many further members as the Minister considers necessary. The chairperson and the deputy chairperson are appointed in a full-time or part-time capacity and the members in a part-time capacity.

(5) The Board is headed by the chairperson. When the chairperson is absent, the deputy chairperson fulfils the functions of the chairperson.

(6) Members of the Board must have expertise in law, engineering, water resource management or related fields of knowledge.

(7) The chairperson, the deputy chairperson and further members of the Board are appointed by the Minister on the recommendation of a selection panel as described in Part 1 of Schedule VII.

(8) The Minister must determine the employment conditions and the remuneration of the chairperson, the deputy chairperson and all other members of the Board.

(9) The Minister may, after consultation with the selection panel referred to in subsection (7), at any time and for good reason terminate the appointment of the chairperson, the deputy chairperson or any other member of the Board.

155 Operation of the Water Appeal Board

(1) The chairperson nominates one or more members of the Water Appeal Board to hear an appeal, and a decision by such member or members constitutes a decision of the Board.

(2) Administrative support for the Board must be provided by officials of the Department designated by the Director-General. The chairperson controls and supervises the designated officials.

(3) The expenditure of the Board is defrayed out of-

(a) the Department's Parliamentary appropriation; and

(b) appeal fees.

(4) The Board, the chairperson, the deputy chairperson and any Board member is not liable for an act or omission committed in good faith while performing a function under this Act.

156 Appeals to the Water Appeal Board

(1) A person who is a party to a matter dealt with by a responsible authority or by a water management institution under sections 20, 21 and 26 may appeal to the Water Appeal Board against a decision of that responsible authority if the decision adversely affects that person's rights.

(2) The procedure for lodging, hearing and deciding an appeal is contained in Part 2 of Schedule VII.

(3) The chairperson may make rules which govern the procedure before the Board. The rules of the Board-

(a) may provide for appeal fees payable by the appellant;

(b) must be approved by the Minister; and

(c) must be published in the Gazette.

157 Appeals from decisions of the Water Appeal Board

(1) A party to a matter in which the Water Appeal Board has given a decision may appeal to a High Court against that decision on a question of law.

(2) The appeal must be noted in writing within 21 days of the date of the decision of the Board.

(3) The notice of appeal must-

(a) set out every question of law in respect of which the appeal is lodged;

(b) set out the grounds for the appeal;

(c) be lodged with a High Court and with the Water Appeal Board; and

(d) be served on every party to the matter.

(4) The appeal must be prosecuted as if it was an appeal from a Magistrate's Court to a High Court.

158 Mediation

(1) The Minister may at any time and in respect of any dispute between any persons relating to any matter under this Act, at the request of a person concerned or on the Minister's own accord, direct that the persons concerned attempt to settle their dispute through a process of mediation and negotiation.

(2) A directive under subsection (1) must specify the time when and the place where such process must start.

(3) Unless the persons concerned have informed the Minister at least seven days before the date specified under subsection (2) that they have appointed a mediator, the Minister must appoint a mediator.

(4) Notwithstanding subsection (3), the parties may at any time during the course of mediation or negotiation proceeding, by agreement between them, appoint another person to act as mediator.

(5) A person appointed by the Minister in terms of subsection (3) must either be an official of the Department or an independent mediator.

(6) Where the Director-General or the Department is a party to the dispute, the mediator may not be an official of the Department.

(7) The contents of all discussions which took place and of all submissions made as part of a mediation process under this section are privileged in law, and may not be received in evidence by any court of law, unless the parties agree otherwise.

(8) The fees and expenses of a mediator must be paid by-

(a) the Department, if the Minister has appointed the mediator; or

(b) the parties, if they have appointed the mediator.

CHAPTER 18

OFFENCES, REMEDIES AND PRESUMPTIONS

In common with other Acts of Parliament which aim to make non-compliance a criminal offence, this Chapter lists the acts and omissions which are offences under this Act, with the associated penalties. It also gives the courts and water management institutions certain powers associated with prosecutions for these offences, such as the power to remove the cause of a stream flow reduction, or to retain an illegal waterwork until a prosecution is finalised.

159 Offences

(1) No person may-

(a) use water otherwise than as permitted under this Act;

(b) fail to provide access to any books, accounts, documents or assets when required to do so under this Act;

(c) fail to comply with any condition attached to an authorised water use under this Act;

(d) fail to comply with a directive issued under-

(i) section 20(3) [pollution prevention measures];

(ii) section 21(5) [emergency incidents];

(iii) section 55(1) [contravention provisions in Chapter 4];

(iv) section 125(3)(b) [report by approved professional person]; or

(v) section 125(3)(c) [repairs to a dam with a safety risk];

(e) unlawfully and intentionally or negligently tamper or interfere with any waterwork or any seal or measuring device attached to a waterwork;

(f) fail or refuse to give data or information, or give false or misleading information when required to give information under this Act;

(g) fail to register an existing lawful water use when required by a responsible authority in terms of section 35(2) to do so;

(h) intentionally refuse to exercise an obligation, or obstruct any other person from exercising any of that person's rights or obligations, under this Act;

(i) unlawfully and intentionally or negligently commit any act or omission which pollutes or could pollute a water resource or coastal marine waters;

(j) unlawfully and intentionally or negligently commit any act or omission which detrimentally affects or could affect a water resource or coastal marine waters;

(k) fail to register a dam with a safety risk under section 127; or

(l) fail to comply with a temporary restriction to use water under paragraph 7 of Schedule IV.

(2) Any person who contravenes any provision of subsection (1) or paragraph 31 of Schedule V is guilty of an offence and liable, on conviction, in the case of a first conviction, to a fine or imprisonment for a period not exceeding five years, or to both a fine and imprisonment and, in the case of a second or subsequent conviction, to both a fine and imprisonment for a period not exceeding ten years.

160 Harm, loss and damage suffered

(1) Where any person is convicted of an offence under this Act and-

(a) another person has suffered harm or loss as a result of the act or omission constituting the offence, or

(b) damage has been caused to a water resource or marine coastal waters,

the Court may, in the same proceedings-

(i) at the written request of the person who suffered the harm or loss; or

(ii) at the written request of the Minister in respect of the damage caused to a water resource or marine coastal waters; and

(iii) in the presence of the convicted person,

enquire without pleadings into the harm, loss or damage and determine the extent thereof.

(2) After making the determination, the Court may-

(a) award damages for the loss or harm suffered by the person referred to in subsection (1) against the accused;

(b) order the accused to pay for the cost of any remedial measures to the water resource or marine coastal waters implemented or to be implemented; and

(c) order that the remedial measures to be implemented, must be undertaken either by the accused or the relevant water management institution.

161 General presumption

In any civil or criminal proceeding under this Act, evidence given by a water management institution of a reading of any device regarding -

(a) mass;

(b) analysis;

(c) unit;

(d) flow; or

(e) measurement,

will be presumed to be correct until the contrary is proved.

162 Offences in relation to employer and employee relationships

Whenever an act or omission by an employee or agent-

(a) constitutes an offence under this Act, and takes place with the express or implied permission of an employer, the employer will, in addition to the employee or agent, be liable to conviction for that offence; or

(b) would constitute an offence by the employer in terms of this Act, that employee or agent will in addition to that employer be liable to conviction for that offence.

163 A High Court may order the removal of the cause of a stream flow reduction

(1) A High Court may, at the request of the water management institution concerned, order an owner or occupier of land who has been convicted of an offence relating to a stream flow reduction activity declared under section 37(1) or identified under section 37(4), to remove, cease or terminate the cause of the stream flow reduction from that land within a period stated in the order.

(2) A person who fails to carry out an order under subsection (1) commits contempt of court.

164 Water management institutions may retain possession of waterworks

If a water management institution-

(a) has removed a waterwork; and

(b) intends to prosecute the owner of the waterwork for the illegal use of that waterwork or water obtained through the waterwork, the water management institution may retain possession of that waterwork until that prosecution has been finalised or abandoned.

CHAPTER 19

GENERAL AND TRANSITIONAL PROVISIONS

This Chapter contains a number of unrelated provisions which, being of general importance to the Act as a whole, are less suited to other Chapters. They relate among other things to the binding of all organs of state, to delegations, to the amendment, substitution and withdrawal of legal instruments, to the limitation of liability, and to the authorisation and service of documents. The Chapter refers to the list, in Schedule VII, of laws or parts of laws which are repealed by this Act and which will no longer have effect. However, any act performed under a repealed law remains valid if not inconsistent with this Act and until overridden by this Act. Regulations made under repealed laws also remain valid of not inconsistent with this Act and until repealed by the Minister. This Chapter also provides for overriding any provision in a prior law which exempts a person from payment of a charge or limiting payment to a fixed charge for water use.

Part 1: Liability

165 State bound

This Act binds all organs of state.

166 Limitation of liability

Neither the state nor any other person is liable for any damage or loss caused by-

(a) the exercise of any power, or the performance of any function or duty under this Act; or

(b) the failure to exercise any power, or perform any function or duty under this Act, unless the exercise of or failure to exercise the power, or performance or failure to perform the function or duty was unlawful, negligent or in bad faith.

167 Amendment, substitution and withdrawal of instruments

(1) A power to make any instrument under this Act, including any regulation, strategy, licence, directive or notice, unless the contrary intention appears in the relevant provision, incs a power to amend, substitute and withdraw that instrument.

(2) A power to amend, substitute and withdraw an instrument under subsection (1) must, subject to subsection (4), be exercised in the same manner and subject to the same conditions or limitations as the original power.

(3) A reference to an instrument under this Act incs a reference to that instrument as amended from time to time.

(4) In the case of an amendment to an instrument which-

(a) does not significantly alter the rights and obligations of any person;

(b) corrects any clerical mistake, unintentional error or omission in an instrument;

(c) corrects any miscalculated figure or figures in an instrument; or

(d) corrects any misdescription of any person, thing or property, the amendment may be made without following the procedure required for establishing or giving effect to the instrument, unless the contrary intention appears.

168 Effect of delegation

Where a power is conferred on a person to delegate the exercise of a power, or the performance of a function or duty, then, unless the contrary intention appears-

(a) a delegation of that power, function or duty does not prevent the withdrawal of that power, or the performance of that function or duty by the person who made the delegation;

(b) a delegation of that power, function or duty may be made subject to such conditions or limitations as the person making that delegation may specify; and

(c) a power, function or duty so delegated, when exercised or performed by the delegate, must be taken to have been exercised or performed by the person making the delegation.

Part 2: Powers and authorisations

169 Documents deemed to be properly authorised under certain circumstances

(1) A notice, directive or other document issued under this Act in good faith by any water management institution purported to be signed by the chairperson, secretary or the chief executive officer of the institution is deemed to have been properly authorised, until the contrary is proved.

(2) Any document issued under this Act without authority may be subsequently ratified.

170 Documents and steps valid under certain circumstances

(1) A document issued in good faith under this Act, but which does not comply with this Act, is valid if the non-compliance is not material and does not prejudice any person.

(2) The failure to take any steps required under this Act as a prerequisite for any decision or action does not invalidate the decision or action if the failure-

(a) is not material;

(b) has subsequently been rectified; and

(c) does not prejudice any person.

171 Service of documents

(1) Any notice, directive or other document issued under this Act, must be served-

(a) if it is to be served on a natural person-

(i) by hand delivery to that person;

(ii) by hand delivery to a responsible individual at that person's business or residential address; and

(iii) by sending it by registered mail to that person's business or residential address; or

(iv) where that person's business and residential address is unknown, despite reasonable enquiry, by publishing it once in the Gazette and once in a local newspaper circulating in the area of that person's last known residential or business address; or

(b) if it is intended for a juristic person-

(i) by hand delivery to a responsible individual at the registered address or principal place of business of that juristic person;

(ii) by sending it by facsimile transmission to the registered address or principal place of business of that juristic person;

(iii) by sending it by registered mail to the registered address or principal place of business of that juristic person;

(iv) by conspicuously attaching it to the main entrance of the principal place of business of that juristic person; or

(v) by hand delivery to any member of that juristic person's Board of directors or governing body.

(2) Any notice, directive or other document served according to subsection (1) is considered to have come to the notice of the person, unless the contrary is proved.

172 Repeal of laws and savings

(1) The laws set out in Schedule VIII are hereby repealed to the extent set out in the third column of the Schedule.

(2) This Act overrides any provision in a prior law exempting a person from payment of a charge, or limiting payment to a fixed charge for water use.

(3) Anything done under a law repealed by this Act remains valid-

(a) to the extent that it is not inconsistent with this Act; and

(b) until anything done under this Act overrides it.

(4) Any regulation made under a law repealed by this Act remains in force and is considered to have been made under this Act-

(a) to the extent that it is not inconsistent with this Act; and

(b) until it is repealed by the Minister in terms of the provisions of this Act.

173 Short title and commencement

This Act is called the National Water Act, 199... , and comes into operation on a date fixed by the President by proclamation in the Gazette.

SCHEDULE I

PERMISSIBLE USE OF WATER

(1) A person may, subject to the provisions of this Act-

(a) take water for reasonable domestic use, small gardening and animal watering (excluding feedlots), by hand, hand-operated device (including a wheel barrow and portable container), windmill or ram pump, directly from any water resource including a stream, borehole and well to which that person has lawful access;

(b) take water for reasonable domestic use, small gardening and animal watering (excluding feedlots), on land owned or occupied by that person, at a maximum rate of 5 litres per second, not exceeding 5 cubic metres (5 000 litres) per day directly from any water resource to which that person has lawful access; and

(c) store and use run-off water from a roof;

(d) in emergency situations, take water from any water resource for, amongst other things, fire fighting.

(e) for recreational purposes-

(i) use the water or the water surface of a water resource to which that person has lawful access; or

(ii) portage any boat or canoe on any land adjacent to a watercourse in order to continue boating on that watercourse.

(f) discharge -

(i) waste or water containing waste; or

(ii) run-off water, including stormwater from any residential, recreational, commercial or industrial site, into a canal, sea outfall or other conduit controlled by another person authorised to undertake the purification, treatment or disposal of waste or water containing waste, subject to the approval of the person controlling the canal, sea outfall or other conduit.

(2) An entitlement under this Schedule does not override any other law, ordinance, by-law or regulation, and is subject to any limitation or prohibition thereunder.

SCHEDULE II

CONTROLLED ACTIVITIES

The following activities are controlled activities for the purposes of section 38 of this Act -

(a) irrigation of any land with waste or water containing waste which is generated through any industrial activity or a waterwork;

(b) intentional or attempted modification of atmospheric precipitation;

(c) power generation activities which alter the flow regime of a water resource; and

(d) intentional recharging of an aquifer with any waste or water containing waste.

SCHEDULE III

PROCEDURAL ASPECTS FOR SERVITUDES

1 Procedures for acquiring servitudes or obtaining amendments

(1) A person who intends to claim a servitude or an amendment to a servitude under this Act must give the owner of the relevant land written notice of his or her claim.

(2) Where a claimant is not the owner of the land in favour of which the servitude is claimed, the claimant must give the owner written notice of the claimant's claim.

(3) The notice must inc details of at least the following, where relevant-

(a) the authorisation for the use of the water;

(b) the likely impact of the servitude on the land or its use;

(c) the route along which the water is to be led over the land which will be subject to the servitude and other affected land;

(d) where the water will be stored and the area that will be submerged;

(e) the nature and locality of any proposed waterwork, including any waterwork, road or other structure, which will reduce the inconvenience experienced by the landowner as a result of the servitude;

(f) how and when maintenance of the proposed waterwork is likely to be carried out;

(g) the nature, quantity, and situation of any materials required from the land which will be subject to the servitude for the purpose of constructing any proposed waterwork;

(h) the land reasonably required for-

(i) construction camps;

(ii) accommodating people;

(iii) workshops;

(iv) storage purposes; or

(v) constructing, operating and maintaining a proposed waterwork; and

(i) the compensation offered.

(4) A plan depicting the details required under subparagraphs (3)(c), (d) and (e) must be attached to the notice.

(5) Where-

(a) the owner of the land subject to the servitude; and

(b) where subparagraph (2) applies, the owner of the land in favour of which the servitude is claimed;

consents to-

(i) the claim for a servitude or for an amendment to a servitude;

(ii) all the particulars required under subparagraph (3); and

(iii) all other matters necessary to the servitude,

the parties must enter into an agreement reflecting the particulars of the servitude or amendment, and such agreement must be made an order of a High Court.

(6) Where-

(a) the owner of the land; and

(b) where subparagraph (2) applies, the owner of the land in favour of which the servitude is claimed,

does not consent to-

(i) the claim for a servitude or for an amendment to a servitude;

(ii) any particulars in the notice of claim; or

(iii) any other matters necessary to the servitude, the person claiming the servitude may apply to a High Court for the settlement of the matters in dispute.

(7) When a person gives a notice under this Schedule of a claim for a servitude or for an amendment to a servitude, that person must also send, by registered post, a copy of the notice to-

(a) the lessee of the land;

(b) the national, provincial or local government authority responsible for controlling, maintaining or repairing a road across which the claimant intends constructing a waterwork under the servitude or amendment; and

(c) every person who, from-

(i) the title deeds of the land;

(ii) the records of the Registrar of Mining Titles; or

(iii) the records of any other government office which records prospecting or mining rights,

appears to have any interest in the land which may be negatively affected by the servitude, provided that the whereabouts of the person can be readily ascertained.

(8) A notice under subparagraph (1) or (2) may be amended or amplified as a result of-

(a) the claimant exercising his or her rights under section 134 of this Act; or

(b) objections to the notice by the owner of the land subject to the servitude or the owner of the land in favour of which the servitude is claimed.

(9) An amplified or amended notice under subparagraph (8) must be dealt with in the same way as the original notice.

2 Procedure for noting servitudes against title deeds

(1) Despite the existence of any contrary law, the relevant Registrar of Deeds must note the servitude against the title deeds when-

(a) an agreement prepared by a conveyancer, signed by the parties and made an order of a High Court under paragraph 1(5) of this Schedule; or

(b) an order of a High Court under paragraph 1(6) of this Schedule is lodged with that Registrar.

(2) The order of a High Court must inc at least the following particulars in respect of the land against which and in favour of which the servitude has been acquired-

(a) details of the water use authorisation relating to the servitude;

(b) a description of the land;

(c) the numbers of the title deeds of the land;

(d) the full names and identity or registration numbers of the registered owners of the land;

(e) if the servitude is one of aqueduct-

(i) a plan showing the route along which the water is led or will be led over the land, prepared in sufficient detail to enable an accurate identification of the servitude area; and

(ii) a description of the means by which the water is led or will be led;

(f) if the servitude is one of abutment or submersion-

(i) a plan showing the locality of the waterwork used or to be used for abutting and storing the water, prepared in sufficient detail to enable an accurate identification of the servitude area; or

(ii) a plan showing the locality of the area submerged or expected to be submerged by the water, including the full storage line and the one-in-100-year flood line, prepared in sufficient detail to enable an accurate identification of the servitude area; and

(iii) an indication of the size of the area that is or will be submerged; and

(g) a description of the nature and locality of any proposed waterwork on the land.

(3) It is the responsibility of the conveyancer concerned, and not of the Registrar of Deeds, to ensure that an agreement under subparagraph (1)(a) contains all the particulars required under subparagraph (2).

(4) Despite any law to the contrary, and for the purpose of noting a servitude under this Schedule , the Registrar of Deeds must accept the plans required under subparagraph (2)(e) and (f).

(5) If any relevant title deed cannot be produced for the purpose of noting a servitude-

(a) the relevant Registrar of Deeds must, on receipt of the order of a High Court or agreement granting the servitude, make an appropriate endorsement of the servitude in his or her registers;

(b) no further transaction relating to the land in question will be registered until the servitude has been noted by endorsement against the title deed of the land in question; and

(c) the Registrar of Deeds is authorised to impound the title deed for the purpose of making the necessary endorsement whenever the deed is lodged in the registry for any reason.

3 Procedure for noting cancellation of servitudes against title deeds

Despite any law to the contrary, the relevant Registrar of Deeds must note the cancellation of a servitude against the title deeds when-

(a) an order of a High Court cancelling the servitude;

(b) an agreement of cancellation prepared by a conveyancer and signed by the relevant parties; or

(c) a certificate from the relevant responsible authority certifying that the authorisation for water use associated with the servitude has been terminated, is lodged with the Registrar.

SCHEDULE IV

POWERS, FUNCTIONS AND DUTIES WHICH MAY BE EXERCISED BY CATCHMENT MANAGEMENT AGENCIES ON ASSIGNMENT OR DELEGATION

1 General

Subject to Chapter 2 and sections 75, 76 and 77 of this Act a catchment management agency may exercise any of the powers and perform any of the functions and duties set out in this Schedule or any other powers, functions and duties which the Director-General considers to be necessary or desirable in order to ensure compliance with this Act.

2 Powers to manage, monitor, conserve and protect water resources and to implement catchment management strategies

A catchment management agency may-

(a) manage and monitor permitted water use within its water management area;

(b) conserve and protect the water resources and resource quality within its water management area; and

(c) do anything necessary to implement catchment management strategies within its water management area.

3 Catchment management agencies may establish rules to regulate water use

(1) A catchment management agency may establish rules to regulate water use.

(2) The rules established under subparagraph (1) may relate to, amongst other things, the manner in which-

(a) the times when;

(b) the places where;

(c) the manner in which; and

(d) the waterwork through which, water may be used.

(3) A water user must adhere to the rules established under subparagraph (1) if those rules apply to that user.

(4) A rule established under subparagraph (1) prevails over a distribution condition contained in any authorisation.

(5) Before establishing the rules under subparagraph (1), a catchment management agency must-

(a) publish a notice in the Gazette-

(i) setting out the proposed rules;

(ii) inviting written comments to be submitted on the proposed rules, specifying an address at and a date before which the comments are to be submitted, which date may not be earlier than 30 days after publication of the notice in the Gazette; and

(b) consider all comments received on or before the date specified in subparagraph (5)(a)(ii).

(6) After complying with subparagraph (5), a catchment management agency must-

(a) finalise the rules; and

(b) make it known, in the manner that the catchment management agency considers appropriate, that the rules have been finalised and where they may be scrutinised; or

(c) deliver or send a copy of the rules to each water user to whom the rules apply.

4 Catchment management agencies may require the establishment of management systems

(1) A catchment management agency may require in writing that a water user must-

(a) install a recording or monitoring device to monitor storing, abstraction and use of water;

(b) establish links with any monitoring or management system to monitor storing, abstraction and use of water; and

(c) keep records on the storing, abstraction and use of water and submit the records to the catchment management agency.

(2) If the water user fails to comply with a requirement under subparagraph (1)(a) or (b), a catchment management agency may undertake the installation or establishment of links and recover any reasonable cost from that water user.

5 Catchment management agencies may direct the termination of illegal water use

(1) A catchment management agency may direct any person who, in the opinion of that catchment management agency, uses water-

(a) in a manner which is not permissible under this Act; or

(b) in breach of any condition under which a directive was authorised,

to terminate such illegal use within the period specified in the directive.

(2) If a person to whom a directive was given under subparagraph (1) fails to comply with the terms of the directive within the period specified under subparagraph (1), the catchment management agency may-

(a) suspend the authority to use the water for a period specified in the notice; or

(b) remove a waterwork used for the purpose.

6 Catchment management agencies may require alterations to waterworks

(1) A catchment management agency may require, in writing to the owner or person in control of a waterwork, to collect and submit particular information within a period specified to enable the catchment management agency to determine whether that waterwork is constructed, maintained and operated in accordance with this Act.

(2) A catchment management agency may direct the owner or person in control of a waterwork at the owners own cost and within a specified period, to-

(a) undertake specific alterations to the waterwork;

(b) install a specific device; or

(c) demolish, remove or alter the waterwork or render the waterwork inoperable in a manner specified in the directive,

if this is reasonably necessary in the opinion of that catchment management agency to-

(i) protect authorised uses of other persons;

(ii) facilitate monitoring and inspection of the water use; or

(iii) protect public safety, property or the resource quality.

(3) If the owner fails to comply with a directive under subparagraph (2), the catchment management agency may-

(a) undertake the alterations;

(b) install the device;

(c) demolish, remove or alter the waterwork or render the waterwork inoperable; or

(d) fix a seal to the waterwork so that the waterwork is inoperable, and recover any reasonable costs from the person to whom the directive was issued.

7 Catchment management agencies may temporarily control, limit or prohibit the use of water during periods of water shortage

(1) Despite anything to the contrary in an authorisation, a catchment management agency may-

(a) by notice in the Gazette; or

(b) by written notice to the water users in the area who, in the opinion of that catchment management agency, may be affected, if that authority on reasonable grounds believes that a water shortage exists within an area or is anticipated within an area -

(i) limit or prohibit the use of water;

(ii) require any person to release stored water under that person's control;

(iii) prohibit the use of any waterwork; and

(iv) require that specified water conservation measures be taken.

(2) A notice given under subparagraph (1)(b) must-

(a) specify the geographical area or water resource to which the notice relates;

(b) set out the reason for the notice; and

(c) specify the dates of commencement of the measures.

(3) In exercising the powers under subparagraph (1), the responsible authority must-

(a) give preference to the maintenance of the Reserve;

(b) treat all water users on a basis that, in the opinion of the catchment management agency, is fair and reasonable; and

(c) consider-

(i) the actual extent of the water shortage; and

(ii) the likely effects of the shortage on the water users.

(4) If the owner or person in control of a waterwork contravenes a notice issued under subparagraph (1), the catchment management agency may-

(a) modify, or require the owner of the waterwork to modify the waterwork so that it cannot be used to take more water than that allowed for in the notice; or

(b) remove the waterwork or require the owner to remove the waterwork if the notice contains a prohibition on the use of that waterwork.

(5) A catchment management agency may recover from the owner any reasonable costs incurred by it in acting under subparagraph (4).

SCHEDULE V

INSTITUTIONAL MANAGEMENT AND PLANNING

Part 1: Governing Board

1 Governing Board

(1) The Board-

(a) is responsible for the management of the affairs of the institution; and

(b) may exercise the powers of the institution.

(2) Without limiting subparagraph (1) it is the role of the Board-

(a) to decide the strategies and policies to be followed by the institution; and

(b) to ensure that the institution exercises its powers or performs its functions and duties in a proper, efficient, economical and sustainable manner.

(3) The Board must carry out its functions as efficiently as possible, consistent with prudent commercial practice.

(4) In the absence of the chairperson, the deputy chairperson performs all the functions of the chairperson.

2 Terms and conditions of appointment.Terms and Conditions of Appointment;

(1) A Board member holds office for a term-

(a) as contained in the constitution, if the institution has a constitution; or

(b) as determined by the Minister, if the institution has no constitution.

(2) The institution may pay a Board member from the revenues of the institution an amount of remuneration, determined by the Board from time to time, in accordance with any directive from the Minister.

3 Chief executive officer

(1) The Board may appoint a suitably qualified person as chief executive officer of the institution.

(2) The chief executive officer of the institution holds office on the terms and conditions determined by the Board.

(3) The Board may remove the chief executive officer of the institution from office.

(4) The Director-General may, for good reasons and after consulting with the Board, direct the Board to remove the chief executive officer from office.

(5) The Board must comply with a directive given by the Director-General under subparagraph (4).

(6) The functions to be performed by the chief executive officer under this Schedule may also be performed by the chairperson or any other officer designated by the chairperson.

4 Vacancies, resignations and removal from office.Vacancies, Resignations, Removal from Office;

(1) The position of a Board member becomes vacant if the member-

(a) has been declared to be of unsound mind by a competent authority;

(b) is declared insolvent;

(c) resigns in writing under subparagraph (2);

(d) is convicted of any offence involving dishonesty;

(e) is absent without prior consent of the chairperson from two consecutive meetings of the Board; or

(f) fails to make any disclosure required to be made under paragraph 7.

(2) A Board member or the deputy chairperson may resign in writing addressed to the chairperson.

(3) The chairperson may resign in writing addressed to the Minister.

5 Validity of decisions

(1) An act or decision of the Board is not invalid merely because of-

(a) a defect or irregularity in, or in connection with, the appointment of a Board member; or

(b) a vacancy in the membership of the Board, including a vacancy resulting from the failure to appoint an original Board member.

(2) Anything done by or in relation to a person purporting to act as chairperson or as a Board member is not invalid merely because-

(a) the occasion for the person to act had not arisen or had ceased;

(b) there was a defect or irregularity in relation to the appointment; or

(c) the appointment had ceased to have effect.

Part 2: The Board members

6 Duties of the Board members

(1) A Board member must at all times act honestly in performing the functions of his or her office.

(2) A Board member must at all times exercise a reasonable degree of care and diligence in performing a member's functions, and in furtherance of this duty without limiting its scope, must-

(a) take reasonable steps to inform himself or herself about the institution, its business and activities and the circumstances in which it operates;

(b) take reasonable steps through the processes of the Board to obtain sufficient information and advice about all matters to be decided by the Board to enable him or her to make conscientious and informed decisions; and

(c) exercise an active discretion with respect to all matters to be decided by the Board.

(3) A Board member need not give continuous attention to the affairs of the Board but is required to exercise reasonable diligence in relation to-

(a) the business of; and

(b) preparation for and attendance at meetings of, the Board and any committee to which the Board member is appointed.

(4) In determining the degree of care and diligence required to be exercised by a Board member under this paragraph, regard must be had to the skills, knowledge or insight possessed by that member, and to the degree of risk involved in any particular circumstances.

(5) A Board member, or former Board member, must not make improper use of information acquired by virtue of his or her position as a Board member to gain, directly or indirectly, an advantage for himself or herself or for any other person, or to prejudice the institution.

(6) A Board member must not make improper use of his or her position as a member to gain, directly or indirectly, an advantage for himself or herself or for any other person, or to prejudice the institution.

(7) This paragraph has the effect of adding to, and not deviating from, any Act or law relating to the criminal or civil liability of a member of a governing body of a corporate body, and does not prevent any criminal or civil proceedings being instituted in respect of such a liability.

7 Disclosure of interest

(1) If a Board member has a direct or indirect pecuniary or other interest in any matter in which the institution is concerned, which could conflict with the proper performance of his or her duties in relation to that matter, he or she, as soon as practicable after the relevant facts come to his or her knowledge, must disclose that interest as set out in subparagraphs (2) and (3).

(2) If the Board member is present at a meeting of the Board at which the matter is to be considered, the Board member must disclose the nature of his or her interest to the meeting immediately before the matter is considered.

(3) If the Board member is aware that the matter is to be considered at a meeting of the Board at which he or she does not intend to be present, he or she must disclose the nature of his or her interest to the chairperson before the meeting is held.

(4) A Board member who has made a disclosure under this paragraph must not-

(a) be present during any deliberation; or

(b) take part in any decision, of the Board in relation to the matter in question.

(5) Any disclosure made under this paragraph must be noted in the minutes of the relevant meeting of the Board.

8 Recovery of improper profits

If a person contravenes paragraph 7, the institution, or the Director-General in the name of the institution, may recover from the person as a debt due to the institution, through a competent court, either or both of the following-

(a) if that person, or any other person made a profit as a result of the contravention, an amount equal to that profit; and

(b) if the institution has suffered loss or damage as a result of the contravention, an amount equal to that loss or damage.

Part 3: Proceedings of the Board

9 Convening meetings

(1) The Board must meet at least twice in each year.

(2) Meetings must be held at the times and, subject to subparagraph (4), in the places determined by the Board.

(3) The chairperson may convene a meeting at any time, but must do so when requested by one third of the Board members.

(4) The chairperson may, from time to time, determine that a meeting be held by telephone, closed circuit television or other means of communication.

10 Notices of meeting

(1) Except as provided in subparagraph (3), the chairperson or the chief executive officer must give at least seven days' written notice to Board members of any meeting convened under paragraph 9(3).

(2) A notice given under subparagraph (1) must-

(a) specify the date and time of the meeting; and

(b) state the general nature of the business of the meeting; and either-

(i) state the place of the meeting; or

(ii) specify the means of communication by which the meeting will be held, under paragraph 9(4).

(3) The chief executive officer or chairperson may not give notice of a meeting-

(a) other than in writing; and

(b) of a period less than seven days,

unless-

(i) each Board member agrees to accept the notice on each occasion; or

(ii) the urgency of the business of the meeting makes such a notice appropriate.

(4) If notice of a meeting is given under subparagraph (3), the Board must, if requested by a Board member, allow that Board member to participate in the meeting as set out in paragraph 16.

(5) The proceedings of, or resolutions passed at a meeting convened under paragraph 9(3), are not invalid merely because-

(a) the chief executive officer omitted to send a notice to a Board member; or

(b) a Board member did not receive a notice of the meeting.

11 Quorum

(1) No business may be conducted at a meeting unless a quorum of Board members is present.

(2) A quorum is a majority of the Board members for the time being.

(3) If a quorum is not present within 30 minutes after the time appointed for a meeting, it will stand adjourned to the same time and place, seven days after the meeting.

(4) If a quorum is not present at an adjourned meeting within 30 minutes after the time appointed for the meeting, it is automatically dissolved.

12 Adjournment

(1) The person presiding at a meeting at which a quorum is present-

(a) may adjourn the meeting with the meeting's consent; and

(b) must adjourn the meeting if the meeting so directs.

(2) An adjourned meeting must be held at the time and place agreed by the meeting before it is adjourned.

(3) Only unfinished business of an initial meeting can be conducted at an adjourned meeting.

13 Presiding at meetings

(1) Subject to paragraph 7(4)-

(a) the chairperson must preside at all meetings of the Board at which the chairperson is present; and

(b) in the absence of the chairperson, the deputy chairperson must preside at a meeting of the Board.

(2) If neither the chairperson nor the deputy chairperson is present, the meeting must appoint a Board member present at the meeting to preside.

14 Voting

(1) A question arising at a meeting must be determined by a majority of votes of Board members present and voting.

(2) If voting on a question is equal, the person presiding has a casting, as well as a deliberative, vote.

15 Minutes

(1) The chief executive officer must ensure that complete and accurate minutes of each meeting are kept.

(2) Draft minutes of each meeting must-

(a) be presented to the next following meeting of the Board for amendment, if necessary, and adoption; and

(b) be entered in a durable bound volume of minutes.

(3) The person presiding at the next following meeting must sign and date an affirmation that any minutes have been adopted by the meeting.

16 Participation in meetings

(1) The Board may, by resolution, permit Board members to participate in a particular meeting by telephone, closed circuit television or other means of communication.

(2) A Board member who participates in a meeting under permission given under subparagraph (1) must be taken to be present at the meeting.

17 Resolutions without meetings

(1) If all the Board members for the time being (other than a Board member who is absent from South Africa when the other Board members sign) sign a document containing a statement that they are in favour of a resolution set out in the document, a resolution in those terms shall be taken to have been passed at a meeting of the Board held on the day on which the document is signed or, if the Board members do not sign it on the same day, on the day on which the last Board member signs the document.

(2) For the purpose of subparagraph (1), two or more separate documents containing a statement in identical terms, each of which is signed by one or more Board members, must be taken to be one document.

(3) A document referred to in this paragraph may be in the form of a telex or facsimile transmission.

18 Execution of documents

(1) Subject to subparagraph (2), a document is duly executed by the Board if it is executed on behalf of the Board by any two Board members.

(2) The Board may, either generally or in a particular case or class of cases, by resolution authorise the chief executive officer to execute documents on behalf of the Board.

19 Appointment of committees

(1) The Board may, from time to time-

(a) appoint such temporary or standing committees as it sees fit from among its Board members;

(b) appoint persons other than Board members to a committee;

(c) remove any person appointed to a committee from office; and

(d) determine the terms of reference of any committee.

(2) Paragraphs 7, 11, 12, 14, 15, 16, 17, 18(1) and 20 apply to a committee, as if it were the Board.

(3) Part 2 applies to any member of a committee who is not a Board member-

(4) A committee must report to the Board at the times and in the manner determined by the Board.

20 Power to regulate proceedings

Subject to this Part, the Board may regulate its own proceedings.

Part 4: Institutional planning

21 Business plans

(1) The Board must prepare business plans.

(2) The first business plan must be for a period of not less than three years. It must begin when the first financial year starts which must be not more than six months after the Board is established.

(3) Each subsequent business plan must be updated annually.

(4) The Board may review and revise a business plan at any time, and when directed by the Director-General.

22 General matters to be incd in business plans

Each business plan must be in the form directed by the Director-General and-

(a) must set out the objectives of the institution;

(b) must outline the overall strategies and policies that the institution is to follow to achieve the objectives;

(c) must inc a statement of the services the institution expects to provide and the standards expected to be achieved in providing those services;

(d) must inc performance indicators and targets (whether financial or operational) considered by the Board to be appropriate;

(e) may inc any other information the Board considers appropriate; and

(f) must inc any other information directed by the Director-General.

23 Financial matters to be incd in business plans

Each business plan-

(a) must inc a financial target;

(b) must outline the overall financial strategies for the institution including the setting of charges, borrowing, investment and purchasing and disposal strategies;

(c) must inc a forecast of the revenue and expenditure of the institution, including a forecast of capital expenditure and borrowings;

(d) may inc any other financial information the Board considers appropriate; and

(e) must inc any other financial information directed by the Director-General.

24 Matters to be considered in setting financial targets

In preparing or revising a financial target, the Board must have regard to-

(a) the need to maintain the institution's financial viability; and

(b) the need to maintain a reasonable level of reserves, especially to provide for-

(i) corrective action to redress the results of past racial and gender discrimination in the use of water resources;

(ii) any estimated future demand for the services of the institution;

(iii) any need to improve the accessibility of, and performance standards for, the services provided by the institution; and

(c) other matters directed by the Director-General.

25 Business plans to be given to Director-General

(1) When the Board prepares or revises a business plan, it must immediately make a copy of the plan available to the Director-General.

(2) The Director-General may-

(a) within 60 days after receiving a copy of a prepared plan; or

(b) within 30 days after receiving a copy of a revised plan, make any comments on the plan to the Board which the Director-General considers appropriate.

(3) The Board must consult in good faith with the Director-General following communication to it of the Director-General's comments and must make any changes to the plan that are agreed between the Director-General and the Board.

(4) The Director-General may, from time to time, direct the Board to inc in, or omit from a business plan, any matter, including a financial matter.

(5) Before giving a directive under this paragraph, the Director-General must consult with the Board as to the matters to be incd in the directive.

(6) The Board must comply with a directive under this paragraph.

26 Board to notify Director-General of significant events

If the Board forms the opinion that matters have arisen that may prevent, or significantly affect, achievement of-

(a) the objectives of the institution under the business plan; or

(b) financial targets under the business plan, the Board must immediately notify the Director-General of its opinion and the reasons for the opinion.

27 Institution must act in accordance with business plan

The institution must act only in accordance with its business plan, as it exists from time to time, unless the Director-General has directed otherwise.

28 The Director-General may require information

(1) The Director-General may direct the Board to give him or her specific information.

(2) The Board must comply with a directive under this paragraph.

Part 5: Monitoring and intervention

29 Provision of information by an institution

(1) An institution must provide the Director-General or any person authorised by the Director-General with-

(a) the information which the Director-General requires on the affairs and financial position of the institution; and

(b) access to all books, accounts, documents and assets of the institution as the Director-General may require.

(2) The Director-General may appoint a person to investigate the affairs or financial position of an institution and recover the reasonable fees and disbursements of that person from that institution.

(3) A Board member and an employee of a Board have the same duties to the Director-General or a person authorised by the Director-General as an institution has in subparagraph (1), except to the extent that the Board member or employee can show that he or she is unable to comply.

30 Taking possession of books, records and assets

The Minister or a person authorised by the Minister may enter into the premises of any institution and take possession of any book, record or asset of the institution where it is necessary to obtain any information to which the Minister is entitled under this paragraph or to conduct any investigation that the Minister is entitled to conduct under this paragraph.

31 Offence

Any institution, Board member or employee of the Board who does not comply with paragraphs 28 to 30 or obstructs a person appointed under paragraph 29(2) is guilty of an offence.

Part 6: Records and Reporting

32 Financial records and accountability

(1) The financial year of an institution is for a 12 month period determined by the Board.

(2) The Board must ensure that the chief executive officer of the institution keeps-

(a) proper records and accounts of the activities, transactions and affairs of the institution and of the Board; and

(b) any other records or accounts that are necessary to explain sufficiently the financial operations and financial position of the institution.

(3) The Board and the chief executive officer of the institution must each do all things necessary to do each of the following-

(a) ensure that all money payable to the institution is properly collected;

(b) ensure that all money spent by the institution is properly spent and properly authorised;

(c) ensure that there is adequate control over all assets acquired for the purposes of the institution, or managed or controlled by it;

(d) ensure that all liabilities incurred on behalf of the institution are properly authorised;

(e) ensure efficiency and economy of operations and avoidance of waste and extravagance;

(f) develop and maintain an adequate budgeting and accounting system; and

(g) develop and maintain an adequate financial control system.

33 Annual report

(1) An institution must, in respect of each financial year, prepare an annual report containing-

(a) a report of its operations during the financial year;

(b) financial statements for the financial year; and

(c) a copy of each directive given to it during that year by the Director-General or the Minister, and submit the report to the Director-General not later than six months after the end of the financial year in question.

(2) The report of operations referred to in subparagraph (1)(a)-

(a) must be prepared in a form and contain information determined by the Board to be appropriate; and

(b) must contain any other information directed by the Director-General or the Minister.

(3) The financial statements referred to in subparagraph (1)(b)-

(a) must contain information determined by the Board, and be consistent with generally accepted accounting practices;

(b) must be prepared in a manner and form approved by the Director-General;

(c) must present fairly the results of the financial transactions of the institution during the financial year to which they relate and the financial position of the institution as at the end of the year; and

(d) must be audited by a chartered accountant appointed by the Board.

(4) The institution must publish its annual report and make copies available at the offices of the institution for inspection and purchase by the public.

SCHEDULE VI

MODEL CONSTITUTION OF A WATER USER ASSOCIATION

1 Name of Association

The name of the Association is [specify the name] (hereafter referred to as "The Association").

2 Application of the National Water Act …… of …… to the constitution

This constitution is subject to Chapter 9 of the National Water Act …… of …… (hereafter referred to as the Act) and Schedule V (excluding paragraph 4(3) of Part 1 of Schedule V) of the Act.

3 Objects of the Association

The objects of the Association will be to-[briefly describe the objects]

4 Principal functions of the Association

The principal functions to be performed by the Association in its area of operation are-

[Note: The following are options. Others may be proposed. Choose and number your options.]

To prevent water from any water resource being wasted.
To protect water resources.
To prevent any unlawful water use.
To remove or arrange to remove any obstruction unlawfully placed in a watercourse.
To prevent any unlawful act likely to reduce the quality of water in any water resource.
To exercise general supervision over water resources.
To regulate the flow of any watercourse by -

- clearing its channel;

- reducing the risk of damage to the land in the event of floods;

- changing a watercourse back to its previous course where it has been altered through natural causes.

To investigate and record-

- the quantity of water at different levels of flow in a watercourse;

- the times when; and

- the places where water may be used by any person entitled to use water from a water resource.

To construct, purchase or otherwise acquire, control, operate and maintain waterworks considered to be necessary for-

- draining land; and

- supplying water to land for irrigation or other purposes.

To supervise and regulate the distribution and use of water from a water resource according to the relevant water use entitlements, by erecting and maintaining devices for-

- measuring and dividing; or

- controlling the diversion of the flow of water.

5 Ancillary functions of Associations

(1) The Association may perform functions other than its principal functions only if it is not likely-

(a) to limit the Association's capacity to perform its principal functions; and

(b) to be to the financial prejudice of itself or its members.

(2) Other functions of the Association may inc-

[Note: The following are options. Others may be proposed. Choose and number your options]

Providing management services, training and other support services to-

(a) water services institutions; and

(b) rural communities.

Providing catchment management services to or on behalf of responsible authorities.

6 Founding members

(1) The founding members of the Association are the members whose names appear in Annexure 1 of this constitution and who have been authorised by the proposed participants to act on their behalf in establishing the Association.

(2) The founding members will, for purposes of arranging the first election of members of the Management Committee, be considered to be the Management Committee of the Association with powers, functions and duties limited to arranging the election in accordance with this constitution.

7 Membership of the Association

(1) The first members of the Association will be the persons who, during the consultation process, referred to in section 96(1)(f) of the Act, indicated their willingness to become members of the Association and whose names appear in Annexure 2 of this constitution.

(2) Application for new membership of the Association must be to the Management Committee who must, at a meeting of the Committee, consider an application and approve it unless there is good reason to refuse it.

(3) An association must allow a person to become a member of the Association if directed by the Director-General to do so under section 99(1) of the Act.

(4) A member may only resign as a member of the Association with the approval of the Management Committee, which may not unreasonably withhold its approval. [Note: A reason for not accepting a resignation would be, for example, if the resignation would detrimentally affect the Association's ability to meet its financial commitments in respect of infrastructure provided to serve the member concerned.]

8 Register of members

All members must communicate their addresses from time to time to the person acting as secretary of the Association who must keep a register of the names of members and of their addresses.

9 Rights of members

(1) Membership of the Association does not give any member a right to any of the moneys, property or assets of the Association, but only gives members the privileges of membership, subject to such charges and reasonable restrictions imposed by the Management Committee from time to time.

(2) A member whose application for membership has been approved is bound by the constitution and rules of the Association which are then in force or as they are subsequently amended.

10 Liability of members

The liability of members is limited to the amount of unpaid charges and interest thereon owing by them to the Association.

11 Qualification of candidates for membership of management committee

Any member of the Association is, subject to paragraph 4 of Schedule V of the Act, eligible for election as a member of the Management Committee of the Association. If the Association's area of operation is divided into sub-areas, a member will only be eligible for election as a member of the Management Committee for the sub-area where that member resides.

12 Nomination of and voting for members of management committee

Any person whose name is on the voters list of the Association may nominate candidates for election as members of the Management Committee and may vote at an election of members of the Committee. A person whose name appears on a voters list prepared for a sub-area of the Association's area of operation, will be entitled to nominate candidates and to vote only in elections for that sub-area.

13 Membership of management committee

[Note: The following are options. Others may be proposed. Choose and number your options]

(1)

Option (a) The Management Committee of the Association will consist of [specify the number] members.

Option (b) [Note: This option is additional to option (a) and applies where the area of operation of the Association is divided into sub-areas] The area of operation of the Association will be divided into sub-areas as described in Annexure 3 of this constitution. Each area will be represented on the Management Committee on the basis set out in that Annexure.

(2) Membership of the Management Committee will be determined by an election process in which all members whose names are on the Association's voters list may participate.

(3)

Option (a) Members will, subject to paragraph 4 of Schedule V, be elected for a fixed term of [specify period] years.

Option (b) [Applies to election process only] Members will, subject to paragraph 4 of Schedule V, be elected for a fixed term of [specify period] years. The first election will take place as follows-

(i) one-third of the members elected who stand highest on the poll will hold office for a period of [specify period] years;

(ii) one-third of the members elected who stand next highest on the poll will hold office for a period of [specify period] years; and

(iii) the remaining members elected will hold office for a period of [specify period] years.

If in any case-

(a) no poll is required because the nominations received were not greater than the number of members to be elected; or

(b) two or more candidates have received an equal number of votes,

the respective periods of office of the members will be determined by lot under supervision of the returning officer.

(4) If a vacancy occurs on the Management Committee, the vacancy must be filled according to this paragraph, provided that the member must be elected for a period equal to the remainder of the period for which the member who has vacated the office would otherwise have continued in office.

(5) At least 30 days notice of an election must be given to all members of the Association.

14 Appointment of chairperson and deputy chairperson

[Note: The following are options. Others may be proposed. Choose and number your options.]

(1)

Option (a) After the election of the Management Committee the members of that Committee must elect a chairperson and deputy chairperson of the Association from amongst their members. The Management Committee may appoint any person to chair the proceedings for that purpose.

Option (b) After the election of the Management Committee the members of the Association must elect a chairperson and a deputy chairperson of the Association from amongst the elected members of the Management Committee. The members of the Association may appoint any person to chair the proceedings for that purpose.

(2) The chairperson and deputy chairperson hold office for a period of 12 months from the date of their election and may be re-elected.

(3) When the period of office of a chairperson or deputy chairperson expires, that person will, provided that he or she remains a member of the Association, remain in office until the next meeting of the Management Committee.

(4) A new chairperson and deputy chairperson of the Management Committee will be elected annually. Should any of these offices be vacated before the term expires, the office must be filled immediately according to the procedure set out in this paragraph.

15 Voters list

(1) The founding members of the Association must select a person to prepare a voters list for the first election of members of the Management Committee. The voters list must show-

(a) the names of all members incd in Annexure 2 of this constitution and, where appropriate, the name of a member's accredited representative;

(b) particulars of each member's entitlement to water use; and

(c) the number of votes a member is entitled to.

(2) If the Association's area of operation is divided into sub-areas, the voters list must also be divided into sub-areas and the particulars referred to in subparagraph (1) must be shown under the respective sub-areas.

(3) The number of votes will be determined on the following basis-

[Note: The following are options. Others may be proposed. Choose and number your options.]

Option (a) One vote per entitlement to water use.

Option (b) A pro-rata number of votes in proportion to the quantity of water authorised under a particular entitlement, compared to the total quantity of water under all of the entitlements registered with the Association. In this calculation all fractions must be rounded off to the next higher figure.

Option (c) A pro-rata number of votes in proportion to the quantity of water authorised under a particular entitlement, compared to the total quantity of water under all the entitlements registered with the Association. In this calculation-

(i) all fractions must be rounded off to the next higher figure; and

(ii) no member will be awarded more than 10 votes.

Option (d) One vote for every five hectares or part of five hectares of land that can be irrigated in terms of a member's entitlement.

Option (e) One vote for every five hectares or part of five hectares of land that can be irrigated in terms of a member's entitlement, provided that no member will be awarded more than 10 votes.

(4) If the entitlement to use water is not in the name of a natural person, the holder must nominate an accredited representative whose name must appear on the voters list and who may exercise the vote.

(5) If the entitlement is in the name of two or more persons they must designate one of their numbers to represent them and that person's name must appear on the voters list and he or she may exercise the vote.

(6) The voters list must annually be revised by the Management Committee and also whenever there is an amendment to the Association's area of operation.

16 Appointment of employees

[Note: The appointment of a Chief Executive Officer for the Association is dealt with under paragraph 3 of Schedule V of the Act]

(1) The Management Committee may employ such persons it considers necessary to exercise the Association's functions under this constitution.

(2) The appointment of employees or any change in their conditions of service must be approved by resolution of the Management Committee.

(3) All employees of the Association will remain in office despite any change in the composition and membership of the Management Committee.

17 Taking up of loans

(1) The Management Committee may raise by way of loans, including bank overdrafts, any funds required by it for the purpose of carrying out any of its functions or duties under this constitution or the Act.

(2) Whenever the Management Committee proposes to raise a loan, it must give notice in writing of its intention, setting out details of the proposal. The notice must be given to every member of the Association not less than 21 days before the date of the meeting of the Committee at which the proposal will be considered.

(3) No loan may be raised without a resolution of the Management Committee passed at a meeting at which not less that two-thirds of the members of the Committee are present.

18 Charges and the recovery of charges

(1) For the purpose of defraying any expenditure that the Management Committee has lawfully incurred or may lawfully incur in carrying out its functions and duties it may annually assess charges on members according to the pricing policy for water use set by the Minister.

(2) The Management Committee may recover the charges assessed from either-

(a) the owners of the land concerned; or

(b) any person to whom water is supplied on the land.

(3) Whenever the Management Committee has assessed a charge, the Committee must prepare an assessment roll setting forth-

(a) the name of each member liable to pay charges;

(b) a description of the piece of land, which may be a specially delineated area, in respect of which the charge is assessed;

(c) the quantity of water or abstraction time period to which the member is entitled;

(d) the amount of the charge assessed;

(e) the date or dates on which payment is due and the amount due on each date; and

(f) the rate of interest payable on non-payment and the effective date of interest.

(4) A copy of the assessment roll must lie open for inspection in the office of the Association at all reasonable times by any member of the Association.

19 Annual Report

[Note: The following are options. Others may be proposed. Choose and number your options.]

Option (a) The procedure as set out in paragraph 33 of Schedule V of the Act applies.

[Note: This option is only recommended for use by well-established irrigation Boards with a large membership and which are transformed into water user associations after promulgation of the Act.]

Option (b) The Management Committee must, within three months after the end of the Association's financial year, convene a general meeting of members and must at the meeting-

(i) table an audited financial statement of the Association's accounts for the preceding financial year including full particulars of any remuneration paid by the Association to members of the Management Committee and employees of the Association; and

(ii) give an account to the members of its activities during the year.

20 Winding up

[Note: The following are options. Others may be proposed. Choose and number your options.]

(1)

Option (a) The Association may be dissolved by a resolution passed at a special general meeting held for that purpose, provided that-

(i) the resolution is passed by a majority of two-thirds of the members present and entitled to vote at the meeting; and

(ii) the resolution is confirmed at a further special general meeting held not less than four weeks after the preceding special general meeting by a majority vote of members entitled to vote thereon.

Option (b) The affairs of the Association will be wound up by a person appointed by the Director-General in accordance with any directives given by the Director-General, and subject to section 101 of the Act.

(2) A meeting passing a resolution referred to in subparagraph (1)(a) of this constitution may also pass resolutions by a majority vote for-

(a) the appointment of a liquidator; and

(b) the disposal of surplus funds and assets of the Association after winding up and after the payment of all debts and obligations of the Association, provided that any surplus assets may only be transferred to an Association or institution with objects similar to those of the Association, or to the Minister.

LIST OF FOUNDING MEMBERS ANNEXURE 1

(In alphabetical order)

LIST OF MEMBERS ANNEXURE 2

(In alphabetical order)

DESCRIPTION OF SUB-AREAS AND REPRESENTATION IN ANNEXURE 3

MANAGEMENT COMMITTEE

SCHEDULE VII

WATER APPEAL BOARD

Part 1: Water Appeal Board members

1 Terms of office of Board members

(1) A member of the Water Appeal Board is appointed for a period of office determined by the Minister, which may not exceed four years.

(2) A member of the Board may be re-appointed.

2 Disqualification of Board members

No person may hold office as a member of the Water Appeal Board-

(a) if that person is an unrehabilitated insolvent; or

(b) if that person has been convicted of any offence involving dishonesty.

3 Appointment of selection panel

(1) The Minister may request Parliament to constitute a selection panel to recommend persons for appointment as members of the Water Appeal Board.

(2) The selection panel may sit whenever necessary and determines its own procedure.

(3) The expenses of the selection panel must be paid by the Department.

4 Nominations for appointment of the Water Appeal Board

(1) After Parliament has appointed a selection panel, and whenever necessary, the Director-General must publish a notice calling for nominations for appointment to the Water Appeal Board in the Gazette and in other media of the Director-General's choice.

(2) A notice under subparagraph (1) must set out, in general terms, at least-

(a) the activities of the Board;

(b) the time commitments reasonably expected from members of the Board;

(c) the term of office for which appointments will be considered;

(d) the criteria for disqualification as a member;

(e) the requirements with which a nomination must comply;

(f) the date by which nominations must be submitted; and

(g) the address to which nominations must be sent.

(3) Every nomination of a person for appointment to the Board must be signed by a proposer and a seconder, neither of whom may be the nominee, and must contain the nominee's signed acceptance.

(4) The selection panel-

(a) must consider all nominations received before the date in subparagraph (2)(f) which are sufficiently completed;

(b) may prepare a shortlist of nominees;

(c) may interview all shortlisted nominees; and

(d) must make recommendations to the Minister on the appointment of members of the Water Appeal Board.

(5) In recommending a nominee for appointment the selection panel must consider-

(a) the criteria set out in section 154(6) of this Act;

(b) the reputation and integrity of the nominee; and

(c) any conflict of interests which the nominee may have.

(6) The selection panel must recommend a candidate for appointment for every vacancy, including that of chairperson or deputy chairperson, where necessary.

(7) The Department must pay all costs-

(a) relating to the publication of notices under subparagraph (1); and

(b) incurred by the selection panel in the performance of its task.

5 Termination of office of Board members

(1) A member of a Water Appeal Board ceases to hold office-

(a) from the effective date of the member's resignation;

(b) if the member is absent without leave from the chairperson on two consecutive sittings of the Board at which the member's presence is required. Leave may be granted retrospectively if the absence of the member was due to unforeseen circumstances;

(c) if the member has become disqualified in terms of paragraph 2 of this Schedule;

(d) if the member has been declared to be of unsound mind by a competent authority; or

(e) if the member's appointment has been terminated in terms of section 154(9) of this Act.

(2) A member who is not the chairperson must notify the chairperson of his or her resignation. The chairperson must notify the Minister of that member's resignation.

Part 2: Lodging and hearing of appeals

6 Lodging of appeals to the Water Appeal Board

(1) An appeal to the Water Appeal Board under section 156(1) must be lodged by serving a written notice of appeal on the Board and copies thereof on the relevant responsible authority and on the other parties to the matter, within 30 days of-

(a) publication of the decision in the Gazette;

(b) notice of the decision being sent to the appellant; or

(c) reasons for the decision being given,

whichever date is the latest.

(2) A person opposing an appeal must, within 14 days of receiving a copy of the notice of appeal, serve a written notice of opposition on the Board and a copy thereof on the appellant.

(3) The Board may, for good reason, condone the late lodging of an appeal or the late serving of a notice of opposition.

(4) A responsible authority against whose decision an appeal is lodged must within a reasonable time-

(a) send to the Board all documents relating to the matter, together with the reasons for its decision; and

(b) allow the appellant and every party opposing the appeal to make copies of the documents and reasons.

7 Hearing of appeals by the Water Appeal Board

(1) An appeal before the Water Appeal Board must be heard by one or more members, as the chairperson may determine.

(2) A party to an appeal may be represented by a person of that party's choice.

(3) An appeal to the Board takes the form of a rehearing. The Board may receive evidence, and must give the appellant and every party opposing the appeal an opportunity to present that party's case.

(4) The Board must keep a record of every hearing.

8 Subpoenas and evidence

(1) The Water Appeal Board may-

(a) subpoena for questioning any person who may be able to give information relevant to the issues; and

(b) subpoena any person who is believed to have possession or control of any book, document or object relevant to the issues, to appear before the Board and to produce that book, document or object.

(2) A subpoena must be signed by a Board member and must-

(a) specifically require the person named in it to appear before the Board;

(b) state the date, time and place at which the person must appear; and

(c) sufficiently identify any book, document or object to be produced by that person.

(3) The law relating to privilege, as it applies to a witness subpoenaed to give evidence or to produce any book, document or object before a court of law, applies to the questioning of any person and to the production of any book, document or object in terms of this paragraph.

(4) The party at whose request a subpoena was issued must pay witness fees, travel and subsistence allowances to a person subpoenaed to appear before the Board, at the applicable High Court scale.

(5) The Board may administer an oath or accept an affirmation from any person called or subpoenaed to give evidence.

9 Contempt of the Water Appeal Board

(1) A person commits contempt of the Water Appeal Board-

(a) if, after having been subpoenaed to appear before the Board, the person without good cause does not attend;

(b) if the person, without good cause, fails to produce any book, document or object specified in a subpoena;

(c) if, after having appeared in response to a subpoena, the person fails to remain in attendance until excused by the Board;

(d) by refusing to take the oath or to make an affirmation as a witness when the Board requires;

(e) by refusing to answer any question fully and to the best of that person's knowledge and belief, but subject to paragraph 8(3);

(f) if during the proceedings, the person behaves improperly; or

(g) if the person prejudices or improperly influences the proceedings of the Board.

(2) The Water Appeal Board may refer any contempt to a High Court. A High Court may make an appropriate order.

10 Decisions of the Water Appeal Board

(1) A Water Appeal Board must give its decision in writing. A majority decision of members hearing a matter (if the matter is heard by more than two members) constitutes a decision of the Board.

(2) The Board must, at the request of any party and within a reasonable time, give written reasons for its decision on any matter.

SCHEDULE VIII

ACTS REPEALED

Number and year of Act	Short title
Act 32 of 1914	Hartebeestpoort Irrigation Scheme (Crocodile River) Act, No 32 of 1914
Act 40 of 1916	Mapochs Grond and Water and Commonage Act, No 40 of 1916
Act 23 of 1918	Hartebeestpoort Irrigation Scheme (Acquisition of Land) Act, No 23 of 1918
Act 11 of 1919	Riparian Land (Erven and Commonages) Act, No 11 of 1919
Act 13 of 1919	The Bedford Additional Water Supply (Private) Act, No 13 of 1919
Act 14 of 1919	Rand Mines Power Supply Company Water Supply (Private) Act, No 24 of 1921
Act 24 of 1921	Durban Waterworks Consolidation (Private) Act, No 24 of 1921
Act 14 of 1923	Mapochs Gronden Water and Commonage Act Amendment Act, No 14 of 1923
Act 15 of 1925	Sundays River Settlements Administration Act, No 15 of 1925
Act 4 of 1926	Brandvlei Land and Irrigation Works Act, No 4 of 1926
Act 16 of 1926	Winterton Irrigation Settlement (Local Board of Management) Act, No 16 of 1926
Act 15 of 1929	Pretoria Waterworks (Private) Act, No 15 of 1929
Act 18 of 1929	Rand Mines Power Supply Company Additional Water Supply (Private) Act, No 18 of 1929
Act 21 of 1929	Irrigation Loans Adjustments Act, No 21 of 1929
Act 41 of 1930	Irrigation Districts Adjustment Act, No 41 of 1930
Act 10 of 1932	Marico-Bosveld Irrigation Scheme Act, No 10 of 1932
Act 21 of 1932	Mafeking Waterworks (Private) Act, No 13 of 1932
Act 20 of 1933	Franschhoek Water (Private) Act, No 20 of 1933
Act 38 of 1934	Vaal River Development Scheme Act, No 38 of 1934
Act 38 of 1935	Kopjes Irrigation Settlement Act, No 38 of 1935
Act 39 of 1935	Vyfhoek Management Act, No 39 of 1935
Act 4 of 1937	Vaal River Development Scheme (Amendment) Act, No 4 of 1937
Act 16 of 1937	Uitenhage (Groendal) Water (Private) Act, No 16 of 1937
Act 19 of 1937	Mapochs Gronden Amendment Act, No 19 of 1937
Act 20 of 1937	The Durban Waterworks (Private) Act, No 20 of 1937
Act 15 of 1939	Cannon Island Settlement Management Act, No 15 of 1939
Act 10 of 1943	Oliphants River Irrigation Works Act, No 10 of 1943
Act 18 of 1944	Vaal River Development Scheme (Amendment) Act, No 18 of 1944
Act 21 of 1944	Irrigation Districts Adjustment Act, No 21 of 1944
Act 23 of 1945	Saldanha Bay Water Supply Act, No 23 of 1945
Act 37 of 1946	N'Jelele Irrigation District Adjustment Act, No 37 of 1946
Act 21 of 1948	Vaal River Development Scheme Amendment Act, No 21 of 1948
Act 22 of 1948	Hartbeestpoort Irrigation Scheme (Crocodile River) Amendment Act, No 22 of 1948
Act 31 of 1948	Buffelspoort Irrigation Scheme Act, No 31 of 1948
Act 7 of 1949	Irrigation Commission Repeal Act, No 7 of 1949
Act 24 of 1949	Bospoort Irrigation Scheme Act, No 24 of 1949
Act 34 of 1949	Irrigation Amendment Act, No 34 of 1949
Act 17 of 1950	Rand Water Board Statutes (Private) Act, No 17 of 1950
Act 23 of 1950	Olifantsnek Irrigation District Adjustment Act, No 23 of 1950

Act 24 of 1950	Breede River Conservation District Adjustment Act, No 24 of 1950
Act 18 of 1951	Kopjes Irrigation Settlement Amendment Act, No 18 of 1951
Act 43 of 1951	Saldanha Bay Water Supply Amendment Act, No 43 of 1951
Act 6 of 1952	Southern Suburbs of Cape Town Water Supply Act Amendment (Private) Act, No 6 of 1952
Act 7 of 1952	The Durban Waterworks Additional Borrowing Powers (Private) Act, No 7 of 1952
Act 2 of 1953	Lichtenburg Waterworks (Private) Act, No 2 of 1953
Act 37 of 1954	Mooi River District Adjustment Act, No 37 of 1954
Act 31 of 1956	Irrigation Districts Adjustment Act, No 31 of 1956
Act 54 of 1956	Water Act, No 54 of 1956
Act 45 of 1957	Hartebeestpoort Irrigation Scheme (Crocodile River) Amendment Act, No 45 of 1957
Act 75 of 1957	Water Amendment Act, No 75 of 1957
Act 36 of 1960	Durban Waterworks (Private) Act, No 36 of 1960
Act 59 of 1960	Marico Bosveld Irrigation Scheme Amendment Act, No 59 of 1960
Act 56 of 1961	Water Amendment Act, No 56 of 1961
Act 63 of 1963	Water Amendment Act, No 63 of 1963
Act 75 of 1963	Northern Vyfhoek Settlement Adjustment Act, No 75 of 1963
Act 35 of 1964	Kopjes Irrigation Settlement Adjustment Act, No 35 of 1964
Act 36 of 1964	Olifants River (Oudtshoorn) Act, No 36 of 1964
Act 28 of 1965	Great Fish River Irrigation District Adjustment Amendment Act, No 28 of 1965
Act 71 of 1965	Water Amendment Act, No 71 of 1965
Act 11 of 1966	Water Amendment Act, No 11 of 1966
Act 53 of 1966	Roodepoort and Weltevreden Agriculture Settlements Adjustments Act, No 53 of 1966
Act 71 of 1967	Vaal River Development Scheme Amendment Act, No 71 of 1967
Act 73 of 1967	Mafeking Waterworks (Private) Amendment Act, No 73 of 1967
Act 79 of 1967	Water Amendment Act, No 79 of 1967
Act 34 of 1968	Waterval River (Lydenburg) Act, No 34 of 1968
Act 77 of 1969	Water Amendment Act, No 77 of 1969
Act 78 of 1969	Orange River Development Project Act, No 78 of 1969
Act 45 of 1972	Water Amendment Act, No 45 of 1972
Act 58 of 1974	Water Amendment Act, No 58 of 1974
Act 42 of 1975	Water Amendment Act, No 42 of 1975
Act 27 of 1976	Water Amendment Act, No 27 o f 1976
Act 41 of 1976	Mountain Catchments Areas Amendment Act, No 41 of 1976
Act 105 of 1977	Vaal River Development Scheme Amendment Act, No 105 of 1977
Act 108 of 1977	Water Amendment Act, No 108 of 1977
Act 34 of 1978	Irrigation Districts Adjustment Amendment Act, No 34 of 1978
Act 73 of 1978	Water Amendment Act, No 73 of 1978
Act 51 of 1979	Water Amendment Act, No 51 of 1979
Act 92 of 1980	Water Amendment Act, No 92 of 1980
Act 89 of 1981	Water Amendment Act, No 89 of 1981
Act 8 of 1982	Rand Water Board Statutes (Private) Amendment Act, No 8 of 1982
Act 11 of 1982	Vaal River Development Scheme Amendment Act, No 11 of 1982
Act 96 of 1984	Water Amendment Act, No 96 of 1984
Act 110 of 1986	Water Amendment Act, No 110 of 1986
Act 68 of 1987	Water Amendment Act, No 68 of 1987
Act 37 of 1988	Water Amendment Act, No 37 of 1988
Act 38 of 1988	Water Act 1988 (Bophuthatswana), No 38 of 1988
Act 68 of 1990	Water Amendment Act, No 68 of 1990
Act 16 of 1991	Water Amendment Act, No 16 of 1991

Act 92 of 1993	Water Amendment Act, No 92 of 1993
Act 32 of 1994	Water Laws Rationalisation and Amendment Act, No 32 of 1994
Act 122 of 1984	Forest Act, No. 122 of 1984
Act 51 of 1995	Water Amendment Act, No 51 of 1995

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