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National Water Act.

Country
South Africa
Type of law
Legislation
Date of original text
Date of latest amendment
Source
FAO , FAOLEX
Abstract
This Act makes provision for the conservation and development of water resources in South Africa. 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 into account amongst other factors: promoting equitable access to water; redressing the results of past racial and gender discrimination; promoting the efficient, sustainable and beneficial use of water in the public interest; facilitating social and economic development; protecting aquatic and associated ecosystems and their biological diversity; meeting international obligations.
The Act (164 sections divided into 17 Chapters and completed by 7 Schedules) contains provisions on: Interpretation and Fundamental Principles (Chap. 1); Water Management Strategies (Chap. 2); Protection of Water Resources (Chap. 3); Use of Water (Chap. 4); Financial Provisions (Chap. 5); General Powers and Duties of Minister and Director-General (Chap. 6); Catchment Management Agencies (Chap. 7); Water User Associations (Chap. 8); Advisory Committees (Chap. 9); International Water Management (Chap. 10); Government Waterworks (Chap. 11); Safety of Dams (Chap. 12); Access to and Rights Over Land (Chap. 13); Monitoring, Assessment and Information (Chap. 14); Appeals and Dispute Resolution (Chap. 15); Offences and Remedies (Chap. 16); General and Transitional Provisions (Chap. 17).
The following matters are dealt with in the Schedules: Permissible Use of Water (1); Procedural Matters Regarding Servitudes (2); Powers which may be Exercised and Duties to be Performed by Catchment Management Agencies on Assignment or Delegation (3); Management and Planning of Water Management Institutions (4); Model Constitution of Water User Association (5); Water Tribunal (6); Acts repealed (7).
Attached files
http://faolex.fao.org/docs/pdf/saf123836.pdf
http://faolex.fao.org/docs/pdf/saf123836Or.pdf
Topics
Marine and Freshwater
Long title of text
An Act to provide for fundamental reform of the law relating to water resources; to repeal certain laws; and to provide for matters connected therewith.
Notes
Consolidated version of Act No. 36 of 1998 as amended by the National Water Amendment Act, 1999.
Repealed
No
Source language

English

Legislation Amendment
No
Toolkit legislation
Plastic
Regulatory Approach
Combined actions
Amended by
National Water Amendment Act, 2014 (No. 27 of 2014).
National Water Amendment Act (No. 45 of 1999).
Implemented by
Regulations for the Use of Water for Exploration and Production of Onshore Naturally Occurring Hydrocarbons that Require Stimulation Including Hydraulic Fracturing and Underground Coal Gasification to Extract and any Activity Incidental thereto that may Impact Detrimentally on the Water Resource, 2024 (NO. 5582 of 2024).
Regulations regarding the Safety of Dams in terms of Section 123(1).
National Water Act: Revised pricing strategy for raw water use charges 2024.
General Authorisations in terms of section 39 of the National Water Act, 1998 and in terms of section 21(c) and (i).
Regulations no. 3204 of 2023 relating to the access and use of government waterworks and surrounding State-owned land for recreational purposes in terms of the National Water Act no. 36 of 1998.
Government Notice no. 3137 of 2023 to update water use information in terms of National Water Act no. 36 of 1998.
The Water Use Licence Applications, Amendment, and Appeal Regulation, no. 3434 of 2022.
Government Notice no. 3138 of 2023. Registration of water use in terms of National Water Act no. 36 of 1998.
Government Notice no. 3139 of 2023. Revision of general authorisations for water uses in terms of section 39 of the National Water Act no. 36 of 1998, as defined in sections 21 (c) and 21 (i).
Reserve determination no. 1559 of 2021 for water resources of the crocodile West and Marico catchments in terms of section 16(1) and (2)of the National Water Act, no. 36 of 1998.
Water Research Levy 2021/22. Notice no. 874/2021.
Regulations for the Use of Water for Exploration and Production of Onshore Naturally Occurring Hydrocarbons that Require Stimulation Including Hydraulic Fracturing and Underground Coal Gasification to Extract and any Activity Incidental Thereto that may Impact Detrimentally on the Water Resource, 2021, n. 406.
Water Use Licence Application and Appeals Regulations, 2017 (No. R. 267 of 2017).
National Water Act: Establishment of nine new water management areas (GN. 1056 of 2016).
Regulations Requiring that the Taking of Water for Irrigation Purposes be Measured, Recorded and Reported (Notice No. 131 of 2017)
National Water Act: Revision of general authorisation for taking and storing of water (Notice No. 538 of 2016).
National Water Act: Classes and resource quality objectives of water resources for catchments of Middle Vaal (GN. 469 of 2016).
National Water Act: Classes and resource quality objectives of water resources for catchments of Lower Vaal (GN. 470 of 2016).
National Water Act: Establishment of Olifants Catchment Management Agency (GN. R. 168 of 2015).
National Water Act: Establishment of Limpopo-North West Catchment Management Agency (GN. R. 409 of 2014).
National Water Act: Establishment of Breede-Gouritz Catchment Management Agency through extending the boundary and area of operation of the Breede-Overberg Catchment Management Agency of Section 78(4) (GN. R. 412 of 2014).
Revision of General Authorisation in terms of section 39 of the National Water Act, 1998 (GN No. 665 of 2013).
National Water Act: Extension of time period for a general authorisation in terms of section 39 (G.N. No. 970 of 2012).
Regulations regarding the safety of dams in terms of section 123(1) of the National Water Act, 1998 (No. R. 139 of 2012).
National Water Act: Extension of time period for general authorisations in terms of section 39 (G.N. No. 417 of 2011).
National Water Act: Regulations: Establishment of water resource classification system (No. R. 810 of 2010).
Notice requiring persons to apply for a Water Use Licence in terms of section 43(1) of the National Water Act for the purpose of compulsory licensing (No. 734 of 2010).
Notice requiring persons to apply for a Water Use Licence in terms of section 43(1) of the National Water Act for the purpose of compulsory licensing (No. 709 of 2010).
Notice requiring persons to apply for a Water Use Licence in terms of section 43(1) of the National Water Act for the purpose of compulsory licensing (No. 708 of 2010).
National Water Act (36/1998): Regulations: Use of water for mining and related activities aimed at the protection of water resources (No. R. 77 of 2010).
General Authorisations in terms of section 39 of the National Water Act, 1998 and in terms of section 21(c) and (I) for purpose of rehabilitating a wetland for conservation purposes (Notice No. 1198 of 2009).
Replacement of General Authorisation in terms of section 39 of the National Water Act, 1998 (GN No. 1199 of 2009).
Notice to register a Water Use in terms of the National Water Act (Notice No. 519 of 2009).
Delegations of powers and duties in terms of the National Water Act, 1998 (No. 486).
Regulations on financial assistance to resource poor farmers (No. R. 1036 of 2007).
Establishment of a Pricing Strategy for Raw Water Use in Terms of Section 56(1) of the National Water Act, 1998 (G.N. No. 201 of 2007).
Water Tribunal Rules (Notice No. 926 of 2005).
Delegations of powers and duties in terms of the National Water Act, 1998.
General Authorisations in terms of section 39 of the National Water Act, 1998 (Notice No. 398 of 2004).
Revision of General Authorisations in terms of section 39 of the National Water Act, 1998 (Notice No. 399 of 2004).
Restrictions on the use of water for agricultural purposes in the Inkomati water management area (No. 1008 of 2003).
Notice on the request to register a water use (GN. 536 of 2000).
Notice on the request to register a water use (GN. 470 of 2000).
Notice on the request to register a water use (GN. 433 of 2000).
Notice on the request to register a water use (GN. 387 of 2000).
Notice on the request to register a water use in the Mvoti to Mzimkulu water management area (GN. 388 of 2000).
Notice on the request to register a water use (GN. 213 of 2000).
Notice on the request to register a water use (GN. 212 of 2000).
Water Use Registration Regulations (R. 1352).
Establishment of a Pricing Strategy for Water Use Charges in Terms of Section 56(1) of the National Water Act, 1998 (R. 1351).
General Authorisations in Terms of Section 39 of the National Water Act, 1998 (No. 1191).
Regulations on Use of Water for Mining and Related Activities aimed at the Protection of Water Resources (GN. 704 of 1999).
Notice No. 799 of 1999 regarding the Limitation on the Abstraction and Use of Water for Irrigation purposes.
Repeals
Water Amendment Act 1995 (No. 51 of 1995).
Water Act (No. 54 of 1956).