General Authorisation (GA) of Water Uses 21(c) and (i)
In terms of Section 39 of the National Water Act (Act No. 36 of 1998), a General Authorisation (GA) for Water Uses as defined in Section 21(c) or Section 21(i) was published. In terms of the GA, any persons who owns or lawfully occupies property or has access to land in which the use of water takes place, can do as follows:
(i) exercise the water use activities in terms of section 21(c) or (i) of the Act as set out in Appendix D1 subject to the conditions of this authorisation;
(ii) use water in terms of section 21(c) or (i) of the Act if it has a low risk class as determined through low risk class as determined through the Risk Matrix;
(iii) do maintenance work associated with their existing lawful water use in terms of section 21(c) or (i) of the Act that has a LOW risk class as determined through the Risk Matrix;
(iv) conduct river and storm water management activities as contained in a river management plan;
(v) conduct rehabilitation of wetlands (read together with Notice 1198 published in Government Gazette 32805 dated 18 December 2009) or rivers where such rehabilitation activities has a LOW risk class as determined through the Risk Matrix; or
(vi) conduct emergency work arising from an emergency situation or incident associated with the persons’ existing lawful water use, provided that all work is executed and reported in the manner prescribed in the Emergency Protocol.
Risk Matrix
The GA requires that the risk matrix referred to above must be completed by a suitably qualified SACNASP registered professional and in conjunction with the following guidelines:
- Practical Field Guide Procedure for Delineation of Wetlands and Riparian Area
- Risk Assessment Protocol (Spreadsheet)
- Guideline: Assessment of Activities/Developments affecting wetlands
- Guideline: Determination of Buffer Zones for rivers, wetlands and estuaries
Lawful Access and Continuation of Existing Water Uses
The GA allows State Owned Companies (SOC’s), and other institutions specified in Appendix D2 having lawful access to that property or land, may use water in terms of section 21(c) or (i) of the Act as specified under each of the relevant SOC’s and other institution.
The GA notes that the any water user who used water in terms of Government Notice 1199 published in Government Gazette 32805 dated 18 December 2009 may, subject to the provisions of the GA, continue with such water use subject to the conditions of the GA.
Information Required
- Geographical location of the water use activities.
- Identity Document (ID) copy of the applicant.
- Company registration certificate.
- The property title deeds.
- A consultant appointment letter or power of attorney.
- Risk assessment in terms of GN 509 of 2016.
- Water Use Summary Report and Motivational Report to address Section 27 of the NWA
Registration Process
- Submission of Registration Forms: A person who meets the requirements for the use water as contemplated in the General Authorisation must submit the relevant registration forms to the responsible authority.
- Certificate of Registration: The responsible authority will provide a certificate of registration to the water user within 30 days of the submission.
- Commencement of Water Use: On receipt of the registration Certificate, the applicant will be regarded as a registered water user and then may commence with the water use.