NATIONAL WATER ACT 36 OF 1998: NOTICE TO REGISTER WATER USE IN TERMS OF THE ACT

NATIONAL WATER ACT 36 OF 1998: NOTICE TO REGISTER WATER USE IN TERMS OF THE ACT

Notice Title: National Water Act, 36 of 1998 (“NWA”):  Notice to register water use in terms of the Act

Government Notice: GN 3138 in GG 48187 on 10 March 2023

Commencing date: Applications to be submitted by 8 June 2023

In terms of regulation 3(b)(i) of the Water-use Registration Regulations, GNR 1352 of 12 November 1999, a person who uses water as contemplated in section 21 of the NWA must when called upon by a responsible authority to do so, register a water use.

The Minister of Water and Sanitation (“the Minister”) in his capacity as a responsible authority requests all persons who uses water to register their water use within 90 days.

As set out in section 21 of the NWA, the following water users should send an application for amendment of the registration of water use information as set out herein above:

  • Section 21(e) – engaging in a controlled activity defined in section 37(1) with specific reference to irrigation of any land with waste or water containing waste generated through any industrial activity or by a water work
  • Section 21(f) – discharging waste or water containing waste into a water resource through a pipe, canal or other conduit
  • Section 21(g) – disposing of waste in a manner which may detrimentally impact on a water resource
  • Section 21(h) – disposing in any manner of water which contains waste from, or which has been heated in, any industrial or power generation process
  • Section 21(j) – removing, discharging or disposing of water found underground if it is necessary for4 the efficient continuation of an activity or for the safety of people

The above wastewater uses include a number of non-point sources of discharge:

  • Disposal of effluent to land or to a facility (such as a tailings dam, irrigation effluent, or evaporation ponds treatments)
  • Disposal of effluent to land or to a facility (such as a landfill, waste rock dump, fly ash disposal or solid waste disposal)
  • Land use activities such as confined animal facilities or dirty water systems.

The following water users are excluded from registration in terms of the Notice:

  • A water users by members of the Irrigation Board, Water Use Association and government water scheme in a distribution system where they are supplied by the Board, Association or Scheme.
  • Schedule 1 water users.

Only official forms obtained from the website may be used.

For a copy of the Government Gazette Notice click here.

How to ensure compliance at my operations?

The Notice is applicable to all water users as set out herein above. Water users must take the necessary steps to ensure registration takes place on or before the 8th of June 2023.

For more information or assistance please contact Jan Nel at jan@shangoni.co.za

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