National Water Act, 1998 (Act No. 36 of 1998)Chapter 4 : Use of WaterPart 3 : Existing lawful water uses35. Verification of existing water uses |
| (1) | The responsible authority may, in order to verify the lawfulness or extent of an existing water use, by written notice require any person claiming an entitlement to that water use to apply for a verification of that use. |
| (2) | A notice under subsection (1) must— |
| (a) | have a suitable application form annexed to it; |
| (b) | specify a date before which the application must be submitted; |
| (c) | inform the person concerned that any entitlement to continue with the water use may lapse if an application is not made on or before the specified date; and |
| (d) | be delivered personally or sent by registered mail to the person concerned. |
| (3) | A responsible authority— |
| (a) | may require the applicant, at the applicant's expense, to obtain and provide it with other information, in addition to the information contained in the application; |
| (b) | may conduct its own investigation into the veracity and the lawfulness of the water use in question; |
| (c) | may invite written comments from any person who has an interest in the matter; and |
| (d) | must afford the applicant an opportunity to make representations on any aspect of the application. |
| (4) | A responsible authority may determine the extent and lawfulness of a water use pursuant to an application under this section, and such determination limits the extent of any existing lawful water use contemplated in section 32(1). |
| (5) | No person who has been required to apply for verification under subsection(1) in respect of an existing lawful water use may exercise that water use— |
| (a) | after the closing date specified in the notice, if that person has not applied for verification; or |
| (b) | after the verification application has been refused, if that person applied for verification. |
| (6) | A responsible authority may, for good reason, condone a late application and charge a reasonable additional fee for processing the late application. |