National Water Act, 1998 (Act No. 36 of 1998)Chapter 4 : Use of WaterPart 9 : Review and renewal of licences, and amendment and substitution of conditions of licences49. Review and amendment of licences |
| (1) | A responsible authority may review a licence only at the time periods stipulated for that purpose in the licence. |
| (2) | On reviewing a licence, a responsible authority may amend any condition of the licence, other than the period thereof, if— |
| (a) | it is necessary or desirable to prevent deterioration or further deterioration of the quality of the water resource; |
| (b) | there is insufficient water in the water resource to accommodate all authorised water uses after allowing for the Reserve and international obligations; or |
| (c) | it is necessary or desirable to accommodate demands brought about by changes in socio-economic circumstances, and it is in the public interest to meet those demands. |
| (3) | An amendment contemplated in subsection (2) may only be made if the conditions of other licences for similar water use from the same water resource in the same vicinity, all as determined by the responsible authority, have also been amended in an equitable manner through a general review process. |
| (4) | If an amendment of a licence condition on review severely prejudices the economic viability of any undertaking in respect of which the licence was issued, the provisions of section 22(6) to (10) apply. |
| (5) | A responsible authority must afford the licensee an opportunity to be heard before amending any licence condition on review. |