National Water Act, 1998 (Act No. 36 of 1998)Chapter 4 : Use of WaterPart 3 : Existing lawful water uses33. Declaration of water use as existing lawful water use |
| (1) | A person may apply to a responsible authority to have a water use which is not one contemplated in section 32(1)(a), declared to be an existing lawful water use. |
| (2) | A responsible authority may, on its own initiative, declare a water use which is not one contemplated in section 32(1)(a), to be an existing lawful water use. |
| (3) | A responsible authority may only make a declaration under subsections (1) and (2) if it is satisfied that the water use— |
| (a) | took place lawfully more than two years before the date of commencement of this Act and was discontinued for good reason; or |
| (b) | had not yet taken place at any time before the date of commencement of this Act but— |
| (i) | would have been lawful had it so taken place; and |
| (ii) | steps towards effecting the use had been taken in good faith before the date of commencement of this Act. |
| (4) | Section 41 applies to an application in terms of this section as if the application had been made in terms of that section. |