National Water Act, 1998 (Act No. 36 of 1998)

Chapter 3 : Protection Of Water Resources

Part 2 : Classification of water resources and resource quality objectives

13. Determination of class of water resources and resource quality objectives

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(1)As soon as reasonably practicable after the Minister has prescribed a system for classifying water resources the Minister must, subject to subsection (4), by notice in the Gazette, determine for all or part of every significant water resource
(a)a class in accordance with the prescribed classification system; and
(b)resource quality objectives based on the class determined in terms of paragraph (a).

 

(2)A notice in terms of subsection (1) must state the geographical area in respect of which the resource quality objectives will apply, the requirements for achieving the objectives, and the dates from which the objectives will apply.

 

(3)The objectives determined in terms of subsection (1) may relate to—
(a)the Reserve;
(b)the instream flow;
(c)the water level;
(d)the presence and concentration of particular substances in the water;
(e)the characteristics and quality of the water resource and the instream and riparian habitat;
(f)the characteristics and distribution of aquatic biota;
(g)the regulation or prohibition of instream or land-based activities which may affect the quantity of water in or quality of the water resource; and
(h)any other characteristic,

of the water resource in question.

 

(4)Before determining a class or the resource quality objectives in terms of subsection (1), the Minister must in respect of each water resource—
(a)publish a notice in the Gazette
(i)setting out—
(aa)the proposed class;
(bb)the proposed resource quality objectives;
(cc)the geographical area in respect of which the objectives will apply;
(dd)the dates from which specific objectives will apply; and
(ee)the requirements for complying with the objectives; and
(ii)inviting written comments to be submitted on the proposed class or proposed resource quality objectives (as the case may be), 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;
(b)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
(c)consider all comments received on or before the date specified in paragraph