National Water Act, 1998 (Act No. 36 of 1998)Chapter 11 : Government Waterworks110. Consultation and environmental impact assessment |
| (a) | prepare an environmental impact assessment relating to the proposed waterwork which must, where the Minister considers it appropriate, comply with the requirements contained in regulations made under section 26 of the Environment Conservation Act, 1989 (Act No. 73 of 1989); |
| (b) | publish a notice in the Gazette— |
| (i) | setting out the proposal to construct the waterwork, |
| (ii) | containing a summary of the environmental impact assessment; and |
| (iii) | inviting written comments to be submitted, specifying an address to which and a date before which the comments are to be submitted, which date may not be earlier than 60 days after publication of the notice; |
| (c) | consider what further steps, if any, are appropriate to bring the contents of the notice to the attention of interested persons, and take those steps which the Minister considers to be appropriate; and. |
| (d) | consider— |
| (i) | all comments received on or before the date specified in paragraph(b)(iii); and |
| (ii) | the environmental impact assessment. |
| (2) | Subsection (1) does not apply— |
| (a) | to a waterwork which is constructed in emergency circumstances; |
| (b) | to a temporary waterwork in operation for a period of less than five years; or |
| (c) | if the waterwork is a minor one. |
| (3) | Within two years after the completion of any waterwork contemplated in subsection (2)(a), the Minister must decide either— |
| (a) | to demolish the waterwork; or |
| (b) | after complying with subsection (1) to the appropriate extent, to retain the waterwork. |