National Water Act, 1998 (Act No. 36 of 1998) > Chapter 1 : Interpretation and Fundamental Principles

(1)	In this Act, unless the context shows that another meaning is intended-

"aquifer"

means a geological formation which has structures or textures that hold water or permit appreciable water movement through them;

"borehole"

includes a well, excavation or any artificially constructed or improved underground cavity which can be used for the purpose of—

(a)	intercepting, collecting or storing water in or removing water from an aquifer;

(b)	observing and collecting data and information on water in an aquifer; or

(c)	recharging an aquifer;

"catchment"

in relation to a watercourse or watercourses or part of a watercourse, means the area from which any rainfall will drain into the watercourse or watercourses or part of a watercourse, through surface flow to a common point or common points;

"charge"

includes a fee, price or tariff imposed under this Act;

"conservation"

in relation to a water resource means the efficient use and saving of water, achieved through measures such as water saving devices, water-efficient processes, water demand management and water rationing;

"Department"

means the Department responsible for water affairs;

[Definition amended by section 1(a) of Act No. 27 of 2014]

"Director-General"

means the Director-General of the Department;

"entitlement"

means a right to use water in terms of any provision of this Act or in terms of an instrument issued under this Act;

"estuary"

means a partially or fully enclosed body of water—

(a)	which is open to the sea permanently or periodically; and

(b)	within which the sea water can be diluted, to an extent that is measurable, with fresh water drained from land;

"government waterwork"

means a waterwork owned or controlled by the Minister and includes the land on which it is situated;

"instream habitat"

includes the physical structure of a watercourse and the associated vegetation in relation to the bed of the watercourse;

"Minister"

means the Minister responsible for water affairs;

[Definition amended by section 1(b) of Act No. 27 of 2014]

"organ of state"

has the meaning set out in section 239 of the Constitution;

"person"

includes a natural person, a juristic person, an unincorporated body, an association, an organ of state and the Minister;

"pollution"

means the direct or indirect alteration of the physical, chemical or biological properties of a water resource so as to make it—

(a)	less fit for any beneficial purpose for which it may reasonably be expected to be used; or

(b)	harmful or potentially harmful—

(aa)	to the welfare, health or safety of human beings;

(bb)	to any aquatic or non-aquatic organisms;

(cc)	to the resource quality; or

(dd)	to property;

"prescribe"

means prescribe by regulation;

"protection"

in relation to a water resource, means—

(a)	maintenance of the quality of the water resource to the extent that the water resource may be used in an ecologically sustainable way;

(b)	prevention of the degradation of the water resource; and

(c)	the rehabilitation of the water resource;

"Reserve"

means the quantity and quality of water required—

(a)	to satisfy basic human needs by securing a basic water supply, as prescribed under the Water Services Act, 1997 (Act No. 108 of 1997), for people who are now or who will, in the reasonably near future, be—

(i)	relying upon;

(ii)	taking water from; or

(iii)

being supplied from,

the relevant water resource; and

(b)	to protect aquatic ecosystems in order to secure ecologically sustainable development and use of the relevant water resource;

"resource quality"

means the quality of all the aspects of a water resource including--

(a)	the quantity, pattern, timing, water level and assurance of instream flow;

(b)	the water quality, including the physical, chemical and biological characteristics of the water;

(c)	the character and condition of the instream and riparian habitat; and

(d)	the characteristics, condition and distribution of the aquatic biota;

"responsible authority"

in relation to a specific power or duty in respect of water uses, means—

(a)	if that power or duty has been assigned by the Minister to a catchment management agency, that catchment management agency; or

(b)	if that power or duty has not been so assigned, the Minister;

"riparian habitat"

includes the physical structure and associated vegetation of the areas associated with a watercourse which are commonly characterised by alluvial soils, and which are inundated or flooded to an extent and with a frequency sufficient to support vegetation of species with a composition and physical structure distinct from those of adjacent land areas;

"specific environmental management Act"

has the meaning assigned to it in section 1 of the National Environmental Management Act, 1998 (Act No. 107 of 1998)

[Definition inserted by section 1(c) of Act No. 27 of 2014]

"this Act"

includes any regulations made under this Act;

"waste"

includes any solid material or material that is suspended, dissolved or transported in water (including sediment) and which is spilled or deposited on land or into a water resource in such volume, composition or manner as to cause, or to be reasonably likely to cause, the water resource to be polluted;

"watercourse"

means—

(a)	a river or spring;

(b)	a natural channel in which water flows regularly or intermittently;

(c)	a wetland, lake or dam into which, or from which, water flows, and

(d)	any collection of water which the Minister may, by notice in the Gazette, declare to be a watercourse,

(e)	and a reference to a watercourse includes, where relevant, its bed and banks;

"water management area"

is an area established as a management unit in the national water resource strategy within which a catchment management agency will conduct the protection, use, development, conservation, management and control of water resources;

"water management institution"

means a catchment management agency, a water user association, a body responsible for international water management or any person who fulfils the functions of a water management institution in terms of this Act;

"water resource"

includes a watercourse, surface water, estuary, or aquifer;

"waterwork"

includes any borehole, structure, earthwork or equipment installed or used for or in connection with water use;

"wetland"

means land which is transitional between terrestrial and aquatic systems where the water table is usually at or near the surface, or the land is periodically covered with shallow water, and which land in normal circumstances supports or would support vegetation typically adapted to life in saturated soil.

(2)	In this Act, where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have, unless the contrary intention appears from the relevant provisions, corresponding meanings.

(3)	When interpreting a provision of this Act, any reasonable interpretation which is consistent with the purpose of this Act as stated in section 2, must be preferred over any alternative interpretation which is inconsistent with that purpose.

(4)	Explanatory notes, printed in bold italics, at the commencement of Chapters and Parts must not be used in the interpretation of any provision of this Act.

(5)	Any directive or notice given in terms of this Act must be in writing, unless otherwise specified in this Act.

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

Chapter 1 : Interpretation And Fundamental Principles