Mpumalanga Biodiversity Conservation Plan Handbook - bgis-sanbi

NATIONAL WATER ACT (36 OF 1998)
Authority: Department of Water Affairs and Forestry, HYPERLINK "http://www.dwaf.gov.za"
Commenting authority: Mpumalanga Tourism and Parks Agency
DEFINITION OF TERMS ‘water resource’ includes a watercourse, surface water, wetland or aquifer;
‘watercourse’ means -
APPENDIX 1 - ENVIRONMENTAL LEGISLATION
(a) a river or spring;
(b) a natural channel in which water flows regularly or intermittently;
(c) a wetland, lake or dam into which, or from which, water flows.
(Reference to a watercourse includes, where relevant, its bed and banks)
‘riparian habitat’ includes the physical structure and associated vegetation of the area
associated with a watercourse. These consist of alluvial soils, sometimes periodically
flooded, supporting characteristic riverine vegetation with species and appearance dis
tinct from adjacent upland areas;
‘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.
‘aquifer’ means a geological formation which has structures or textures that hold water or
permit appreciable water movement through them.
KEY SECTIONS: Water use
SECTION 21: Lists eleven water uses that must be authorised by DWAF.
For the purposes of Section 21 of this Act, water use includes :
(a) taking water from a water resource;
(b) storing water;
(c) impeding or diverting the flow of water in a watercourse;
(d) engaging in a stream flow reduction activity;
(e) engaging in a ‘controlled activity’ as identified in Sects 37(1) or 38(1);
(f) discharging waste or any water containing waste into a water resource;
(g) disposing of waste in ways that may have detrimental impact on a
water resource;
(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 or discharging water found underground, necessary for the
efficient continuation of an activity or for the safety of people;
(k) using water for recreational purposes.
SECTION 22: According to Section 22 of the Act, a person may only use water –
(a) without a licence:
1. If that water use is permissible under Schedule 1(reasonable domestic use)
2. If that water use is permissible as a continuation of an existing lawful use
(section 32); or
3. if that water use is permissible in terms of a general authorisation issued
under section 39;
(b) if the water use is authorised by a licence under this Act; or
(c) if the responsible authority has dispensed with a licence requirement (Subsect, 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.
SECTION 144: States DWAF’s view on development surrounding water resources: For the purposes of
ensuring that all persons who might be affected have access to information regarding
potential flood hazards, no person may establish a township, unless the layout plan
shows, in a form acceptable to the local authority, lines indicating the 100 year flood line.
continued overleaf
Aiii
APPENDIX