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

This Chapter contains measures aimed at improving the safety of new and existing dams with a safety risk so as to reduce the potential for harm to the public, damage to property or to resource quality.To reduce the risk of a dam failure, control measures require an owner to comply with certain directives and regulations, such as to submit a report on the safety of a dam, to repair or alter a dam, or to appoint an approved professional person to undertake these tasks.These measures are in addition to the owners’ common law responsibility to ensure the safety of their dams.An approved professional person has a statutory duty of case towards the State and the general public and must fulfill, amongst other things, defined responsibilities when acting under this Chapter.Not all dams are subject to regulation under this Chapter, and the Minister may exempt certain persons from its requirements.Only dams of a defined size, dams which have been declared to be dams with a safety risk, or dams falling into a prescribed category are affected.All dams with a safety risk must be registered.Compliance with any directive or regulation under this Chapter does not exempt an owner from complying with any other provision of this Act, such as the requirements for a licence or other authorization for water use in respect of the dam.

Chapter 12 : Safety of Dams