National Water Act, 1998 (Act No. 36 of 1998)Chapter 4 : Use of WaterPart 1 : General Principles22. Permissible water use |
| (1) | A person may only use water— |
| (a) | without a licence— |
| (i) | if that water use is permissible under Schedule 1; |
| (ii) | if that water use is permissible as a continuation of an existing lawful use; or |
| (iii) | if that water use is permissible in terms of a general authorisation issued under section 39; |
| (b) | if the water use is authorised by a licence under this Act; or |
| (c) | if the responsible authority has dispensed with a licence requirement under subsection (3). |
| (2) | A person who uses water as contemplated in subsection (1)— |
| (a) | must use the water subject to any condition of the relevant authorisation for that use; |
| (b) | is subject to any limitation, restriction or prohibition in terms of this Act or any other applicable law; |
| (c) | in the case of the discharge or disposal of waste or water containing waste contemplated in section 21(f), (g), (h) or (j), must comply with any applicable waste standards or management practices prescribed under section 26(1)(h) and (i), unless the conditions of the relevant authorisation provide otherwise; |
| (d) | may not waste that water; and |
| (e) | must return any seepage, run-off or water containing waste which emanates from that use, to the water resource from which the water was taken, unless the responsible authority directs otherwise or the relevant authorisation provides otherwise. |
| (3) | A responsible authority may dispense with the requirement for a licence for water use if it is satisfied that the purpose of this Act will be met by the grant of a licence, permit or other authorisation under any other law. |
| (4) | In the interests of co-operative governance, a responsible authority may promote arrangements with other organs of state to combine their respective licence requirements into a single licence requirement. |
| (5) | A responsible authority may, subject to section 17, authorise the use of water before— |
| (a) | a national water resource strategy has been established; |
| (b) | a catchment management strategy in respect of the water resource in question has been established; |
| (c) | a classification system for water resources has been established; |
| (d) | the class and resource quality objectives for the water resource in question have been determined; or |
| (e) | the Reserve for the water resource in question has been finally determined. |
| (6) | Any person who has applied for a licence in terms of section 43 in respect of an existing lawful water use as contemplated in section 32, and whose application has been refused or who has been granted a licence for a lesser use than the existing lawful water use, resulting in severe prejudice to the economic viability of an undertaking in respect of which the water was beneficially used, may, subject to subsections (7) and (8), claim compensation for any financial loss suffered in consequence. |
| (7) | The amount of any compensation payable must be determined— |
| (a) | in accordance with section 25(3) of the Constitution; and |
| (b) | by disregarding any reduction in the existing lawful water use made in order to— |
| (i) | provide for the Reserve; |
| (ii) | rectify an over-allocation of water use from the resource in question; or |
| (iii) | rectify an unfair or disproportionate water use. |
| (8) | A claim for compensation must be lodged with the Water Tribunal within six months of the relevant decision of the responsible authority. |
| (9) | The Water Tribunal has jurisdiction to determine liability for compensation and the amount of compensation payable in terms of this section. |
| (10) | After the Water Tribunal has decided that compensation is payable and determined the amount of compensation, the responsible authority may enter into negotiations with the claimant and, within 30 days after the decision of the Water Tribunal, offer an allocation of water instead of compensation. |