WaterTrade Water Legislation

The National Water Act of 1998 (Act No. 36 of 1998) states that the Minister of Water Affairs and Forestry is the public trustee of the nation's water resources (surface as well as ground water). The Minister must ensure that these resources are protected, used, developed, conserved, managed and controlled in a sustainable and equitable manner. The Minister is therefore ultimately responsible for ensuring that water is allocated equitably in the public interest while promoting environmental values. This will be achieved by establishing strategies and determining objectives. Effect must be given to these when for example granting entitlements to use water.

A water use includes:
- abstraction of water from a water resource;
- storing of water;
- impeding or diverting the flow of water in a watercourse;
- using land for afforestation for commercial purposes;
- irrigating land with waste;
- discharging waste into a water resource;

- disposing of waste in a manner which may detrimentally impact on a water resource;
- disposing of water from an industrial or power generation process;
- altering the bed, banks, course or characteristics of a watercourse;
- removing and disposing of water found underground;
- using water for recreational purposes.

A person may only exercise a water use if so authorised. Authorisation could be by way of a licence or general authorisation or as a continuation of an existing lawful water use. However water may be used without authorisation for reasonable domestic use, domestic gardening, animal watering (not feedlots), fire fighting and certain recreational purposes.

A person using water, irrespective of whether it is legal or not, should apply to the Department of Water Affairs and Forestry to register that use.

If you require assistance in interpretation and/or implementation of the water legislation feel free to use the WaterTrade help line for water legislation which is available here.

DOWNLOADS

National Water Act of 1998 (Act No. 36 of 1998)

Water Services Act of 1997 (Act No. 108 of 1997)

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