| (1) | Subject to subsection (4), the Minister may make regulations— |
| (a) | limiting or restricting the purpose, manner or extent of water use; |
| (b) | requiring that the use of water from a water resource be monitored, measured and recorded; |
| (d) | prescribing the outcome or effect which must be achieved by the installation and operation of any waterwork; |
| (e) | regulating the design, construction, installation, operation and maintenance of any waterwork, where it is necessary or desirable to monitor any water use or to protect a water resource; |
| (f) | requiring qualifications for and registration of persons authorised to design, construct, install, operate and maintain any waterwork, in order to protect the public and to safeguard human life and property; |
| (g) | regulating or prohibiting any activity in order to protect a water resource or instream or riparian habitat; |
| (h) | prescribing waste standards which specify the quantity, quality and temperature of waste which may be discharged or deposited into or allowed to enter a water resource; |
| (i) | prescribing the outcome or effect which must be achieved through management practices for the treatment of waste, or any class of waste, before it is discharged or deposited into or allowed to enter a water resource; |
| (j) | requiring that waste discharged or deposited into or allowed to enter a water resource be monitored and analysed, and prescribing methods for such monitoring and analysis; |
| (k) | prescribing procedural requirements for licence applications; |
| (l) | relating to transactions in respect of authorisations to use water, including but not limited to— |
| (i) | the circumstances under which a transaction may be permitted; |
| (ii) | the conditions subject to which a transaction may take place; and |
| (iii) | the procedure to deal with a transaction; |
| (m) | prescribing methods for making a volumetric determination of water to be ascribed to a stream flow reduction activity for purposes of water use allocation and the imposition of charges; |
| (n) | prescribing procedures for the allocation of water by means of public tender or auction; and |
| (i) | procedures for obtaining; and |
| (ii) | the required contents of, |
assessments of the likely effect which any proposed licence may have on the quality of the water resource in question.
(2) Regulations made under subsection (1) may—
| (a) | differentiate between different water resources and different classes of water resources; |
| (b) | differentiate between different geographical areas; and |
(3) Regulations made under subsection (1)(h), (i) and (j) may contain—
(a) general provisions applicable to all waste; and
(b) specific provisions applicable to waste with specific characteristics.
| (4) | When making regulations, the Minister must take into account all relevant considerations, including the need to— |
| (a) | promote the economic and sustainable use of water; |
| (b) | conserve and protect water resources or, instream and riparian habitat; |
| (c) | prevent wasteful water use; |
| (d) | facilitate the management of water use and waterworks; |
| (e) | facilitate the monitoring of water use and water resources; and |
| (f) | facilitate the imposition and recovery of charges. |
| (5) | Regulations made in terms of this Act that may have the effect of amending the provisions of the Agreement referred to in section 163A must be made by the Minister in concurrence with the Minister responsible for mineral resources and the Minister responsible for environmental affairs and must be tabled in Parliament 30 days prior to the final publication of the regulations in the Gazette. |
[Subsection 5 inserted by section 2 of Act No. 27 of 2014]
