National Water Act, 1998 (Act No. 36 of 1998)Chapter 16 : Offences and Remedies151. Offences |
| (1) | No person may— |
| (a) | use water otherwise than as permitted under this Act; |
| (b) | fail to provide access to any books, accounts, documents or assets when required to do so under this Act; |
| (c) | fail to comply with any condition attached to a permitted water use under this Act; |
| (d) | fail to comply with a directive issued under section 19, 20, 53 or 118; |
| (e) | unlawfully and intentionally or negligently tamper or interfere with any waterwork or any seal or measuring device attached to a waterwork; |
| (f) | fail or refuse to give data or information, or give false or misleading data or information when required to give information under this Act; |
| (g) | fail to register an existing lawful water use when required by a responsible authority to do so; |
| (h) | intentionally refuse to perform a duty, or obstruct any other person in the exercise of any power or performance of any of that person's duties in terms of this Act; |
| (i) | unlawfully and intentionally or negligently commit any act or omission which pollutes or is likely to pollute a water resource; |
| (j) | unlawfully and intentionally or negligently commit any act or omission which detrimentally affects or is likely to affect a water resource; |
| (k) | fail to register a dam with a safety risk; |
| (l) | fail to comply with a temporary restriction on the use of water in terms of item 6 of Schedule 3; or |
| (m) | commit contempt of the Water Tribunal. |
| (2) | Any person who contravenes any provision of subsection (1) is guilty of an offence and liable, on the first conviction, to a fine or imprisonment for a period not exceeding five years, or to both a fine and such imprisonment and, in the case of a second or subsequent conviction, to a fine or imprisonment for a period not exceeding ten years or to both a fine and such imprisonment. |