NATIONAL WATER ACT (36/1998) AND WATER SERVICES ACT (108/1998): NATIONAL WATER AMENDMENT BILL AND WATER SERVICES AMENDMENT BILL
Notice Title: National Water Act 36 of 1998 (“NWA”) and Water Services Act 108 of 1998 (“WSA”): National Water Amendment Bill and Water Services Amendment Bill
Government Notice: GN 4097 in GG 49733 on 17 November 2023
Commencing date: Comments to be submitted on or before 16 January 2024
The Minister of Water and Sanitation published the National Water Amendment Bill for public comment.
The primary purposes of the proposed National Water Amendment Bill are to:
- Amend the NWA so as to insert and amend certain definitions;
- To ensure equitable water allocation and optimise the use of water in support of the guiding principles of NWA;
- To prohibit undesirable consequences of private water trading;
- To further provide for the purpose of the NWA;
- To provide of for the review period of the national water resource strategy to be increased to 10 years;
- To provide for the periodic review of the determination of a class of a water resource and a water resource quality objectives;
- To provide for the period review of the Reserve;
- To further provide for the protection of water source areas;
- To further provide for the transfer of water use authorisations;
- To provide for the reallocation of water;
- To further provide for the making of regulations;
- To repeal the right to declare an existing lawful water use;
- To provide for additional controlled activities;
- To further regulate the governance matters of water user associations and their membership thereof;
- To provide for the transformation of water user associations; and
- To provide for matters connected therewith.
In addition, the Minister of Water and Sanitation also published the Water Services Amendment Bill, 2023, for public comment.
The primary purposes of the proposed Water Services Amendment Bill are to:
- Amend the WSA so as to insert and amend certain definitions;
- To expand on the objects of the WSA the regulations for safely managed sanitation,
- To include enforcement and rectification as further object of the WSA,
- To provide for the accountability of water service providers in respect of the management, reporting and financial transparency through the issuance of operating licence,
- To develop regulations relating to registration of persons who install and operate water service works;
- To provide for the quality of potable or drinking water;
- To provide for the establishment and governance structures of water boards;
- To provide for monitoring, enforcement and intervention
- To expand on penalties for non-compliance with the WSA and contravention of regulations;
- And to provide for matters connected therewith.
Members of the public are invited to submit written comments and inputs on or before 16 January 2024. For a copy of the Government Gazette Notice click here.
For more information or assistance please contact Jan Nel at firstname.lastname@example.org.