General Authorisations in Terms of Section 39 of the National Water Act, 1998 (No. 1191).

Subject

Water

Keyword

Freshwater resources management Water abstraction Authorization/permit

Geographical area

Africa, South Atlantic, Southern Africa

Abstract

Section 39 of the National Water Act prescribes that a responsible authority may, subject to Schedule 1, by notice in the Gazette: generally; in relation to a specific water resource; or within an area specified in the notice, authorise all or any category of persons to use water, subject to any regulation made under section 26 and any conditions imposed under section 29. The Director-General of the Department of Water Affairs and Forestry hereby authorises all or any category of persons to use water in terms of section 39(1) of the National Water Act, read together with section 21, in respect of the General Authorisations contained in the Schedule to this Regulation. The authorisation permitted in terms of this Schedule replaces the need for a water user to apply for a licence in terms of the National Water Act for the abstraction or storage of water from a water resource, provided that the abstraction or storage is within the limits and conditions set out in this authorisation. This authorisation does not apply: (a) to any determination as regards abstraction and storage in respect of a government water control area, a government water work, a catchment control area or an irrigation district as defined in the Water Act, 1956 (Act No. 54 of 1956) prior to its repeal; (b) to a person who does not have lawful access to any waterwork or water resource; and (c) to wetlands, the dewatering of mines or storage of water underground. A person who uses water in terms of this authorisation must submit a registration form obtained from the Department for the registration of the water use. The registered user must ensure that any dam complies with the requirements of Chapter 12 of the National Water Act.

Full text

English

Website

www.dwaf.gov.za

References - Legislation

Implements

National Water Act.

Legislation | South Africa | 1998 (1999)

Keyword: Basic legislation, Freshwater resources management, Policy/planning, Basin/catchment/watershed, Water conservation zone, Authorization/permit, Water charges, Irrigation, Water rights, Inspection, Institution, Subsidy/incentive, Data collection/reporting, Groundwater, Rainwater, Well sinking/boreholes, Effluent waste water/discharge, Servitude, Waterworks, Water supply, Hydropower generation, Industrial water use, Recreational water use, Water shortage/drought, Court/tribunal, Dispute settlement, Water users' associations, Classification/declassification, Pollution control, Freshwater pollution, Gender, Inland waters

Source: FAO, FAOLEX