National Water Act, 1998 (Act No. 36 of 1998)Chapter 12 : Safety of Dams122. Exemptions |
| (1) | The Minister may exempt owners of dams belonging to certain categories, by notice in the Gazette, from compliance with any provision of this Chapter or any regulation made under this Chapter, on conditions determined by the Minister. |
| (2) | The Minister may in writing exempt an owner of a dam belonging to a certain category from compliance with any provision of this Chapter on conditions determined by the Minister. |
| (3) | The Minister may withdraw the exemption or impose further or new conditions in respect of the exemption. |
| (4) | Before deciding on an exemption, the Minister must consider— |
| (a) | the degree of risk or potential risk posed by the dam or category of dams to public safety, property and the resource quality; |
| (b) | the manner of design, construction, alteration, repair, impoundment of water in, operation or abandonment of the dam or category of dams; |
| (c) | the supervision involved in the dam or category of dams; |
| (d) | alternative measures proposed for regulating the design, construction, alteration, repair, operation, maintenance, impoundment of water in, inspection or abandonment of the dam or category of darns and the effectiveness of these measures; |
| (e) | the knowledge and expertise of the persons involved in any task relating to the dam or category of dams; |
| (f) | the costs relating to the dam or category of dams; |
| (g) | any security provided or intended to be provided for any damage which could be caused by the dam or category of dams; and |
| (h) | whether the dam or category of dams are permitted in terms of a licence or any other authorisation issued by or under any other Act. |