National Water Act, 1998 (Act No. 36 of 1998)

Chapter 4 : Use of Water

Part 10 : Contravention of or failure to comply with authorisations

54. Suspension or withdrawal of entitlements to use water
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(1)Subject to subsections (3) and (4), a responsible authority may by notice to any person entitled to use water under this Act suspend or withdraw the entitlement if the person fails—

(a)        to comply with any condition of the entitlement;

(b)        to comply with this Act; or

(c)        to pay a charge which is payable in terms of Chapter 5.

 

(2)        An entitlement may be suspended under subsection (1)—

(a)for the period specified in the notice of suspension; or
(b)until the responsible authority is satisfied that the person concerned has rectified the failure which led to the suspension.

 

(3)A responsible authority may only suspend or withdraw an entitlement under subsection (1) if the responsible authority has directed the person concerned to take specified steps to rectify the failure within a specified period, and the person concerned has failed to do so to the satisfaction of the responsible authority.

 

(4)The person concerned must be given an opportunity to make representations, within a reasonable period, on any proposed suspension or withdrawal of an entitlement to use water.

 

(5)A responsible authority may, for good reason, reinstate an entitlement withdrawn under subsection (1).