National Water Act, 1998 (Act No. 36 of 1998)General AuthorisationsGeneral Authorisations in terms of Section 39 of the National Water Act 36 of 1998 for Water Uses as defined in Section 21(c) or Section 21(i)Impeding or Diverting the Flow of Water in a Watercourse [Section 21(c)] or Altering the Bed, Banks, Course or Characteristics of a Watercourse [Section 21(i)]2. Definitions |
| (1) | In this Notice any word or expression to which a meaning has been assigned in the National Water Act 36 of 1998 shall have the meaning so assigned, with specific emphasis on the definitions for 'aquifer', 'borehole', 'estuary', 'instream habitat', 'person', 'pollution', 'resource quality', 'responsible authority', 'riparian habitat', 'waste' , 'watercourse', 'water resource', and 'wetland', unless the context indicates otherwise. |
| (i) | "characteristics of a watercourse" means the resource quality of a watercourse within the extent of a watercourse; |
| (ii) | "construction" means any works undertaken to initiate or establish activities, site preparation including vegetation removal and ground levelling that may result in impeding or diverting or modifying resource quality; |
| (iii) | "department" means the Department of Water and Sanitation ; |
| (iv) | "delineation of a wetland and riparian habitat" means delineation of wetlands and riparian habitat according to the methodology as contained in the Department of Water Affairs and Forestry, 2008 publication: A Practical Field Procedure for Delineation of Wetlands and Riparian Areas or amended version; |
| (v) | "diverting" means to, in any manner, cause the instream flow of water to be rerouted temporarily or permanently; |
| (vi) | "emergency incident" means an unexpected, sudden and uncontrolled incident or accident in which a substance or activity: |
| (a) | pollutes or has the potential to pollute a water resource, or |
| (b) | has causes, or is likely to have, a detrimental effect on a water resource. |
| (vii) | "emergency situation" means a situation that has arisen suddenly that poses an eminent and serious threat to the water resource, human life or property, including a disaster as defined in section 1 of the Disaster Management Act, 57 of 2002; |
| (viii) | "extent of a watercourse" means: |
| (a) | The outer edge of the 1 in 100-year flood line or delineated riparian habitat, whichever is the greatest distance, measured from the middle of the watercourse of a river, spring, natural channel, dams and lakes; and |
| (b) | Wetlands (including pans):the delineated boundary (extent) of any wetland or pan. |
| (ix) | "flow-altering" means to,in any manner, alter the instream flow route, speed or quantity of water temporarily or permanently; |
| (x) | "hazardous" means any substance that contains organic or inorganic elements or compounds that may, owing to the inherent physical, chemical or toxicological characteristics of that substance, have a detrimental impact on health and the environment; |
| (xi) | "impeding" means to, in any manner, hinder or obstruct the instream flow of water temporarily or permanently; |
| (xii) | "maintenance" means any works undertaken to repair or partially replace or clean an existing structure so as to keep it in working order and so as to prevent it from having detrimental impacts on a watercourse,which works may result in low risk (according to risk matrix) disturbance or impeding or diverting or alteration of the flow of water in a watercourse; but will not result in changes to the design or size of the structure that will alter the function of the structure, and/or the hydrological functionality or integrity of the watercourse; |
| (xiii) | "pans" any depression collecting water or that is inward draining or a flow through system with flow contributions from surface water, groundwater or interflow or combinations thereof; |
| (xiv) | "regulated area of a watercourse" means: |
| (a) | The outer edge of the 1 in 100-year flood line or delineated riparian habitat, whichever is the greatest distance, measured from the middle of the watercourse of a river, spring, natural channel, dams and lakes; |
| (b) | In the absence of a determined 1 in 100-year flood line or riparian area as contemplated in (a) above the area within 100m distance from the edge of a watercourse where the edge of the watercourse (excluding flood plains) is the first identifiable annual bank fill flood bench (subject to compliance to section 144 of the National Water Act 36 of 1998); |
| (c) | In respect of a wetland: a 500 m radius around the delineated boundary (extent) of any wetland (including pans); |
| (xv) | "rehabilitation" means the process of reinstating natural ecological driving forces within part or the whole of a degraded watercourse to recover former or desired ecosystem structure, function, biotic composition and associated ecosystem services; |
| (xvi) | "reportable incident" means any incident, including leakages or spillages, at or near any existing structure, or that occurs during or as a result of works performed at any structure, that cause or has the potential to have a detrimental effect on surface- and/or ground water resources, irrespective of the distance away from the resource that has become impacted or polluted, including potentially harmful effects to humans, any aquatic biota, or the resource quality, or that can cause potential damage to property, as well as any incident that can lead to or cause any contravention of any of the provisions of this Notice. |
| (xvii) | "resource quality" of a watercourse means the quality of all the aspects of a water resource including— |
| (a) | the quantity, pattern,timing,water level and assurance of instream flow; |
| (b) | the water quality,including the physical,chemical and biological characteristics of the water; |
| (c) | the character and condition of the instream and riparian habitat; and |
| (d) | the characteristics, condition and distribution of the aquatic biota; |
| (xviii) | "responsible authority" means any responsible person as delegated by the Minister in terms of the National Water Act 36 of 1998; |
| (xix) | "river management plan" means any river management plan or similar management plan developed for the purposes of river or storm water management or infrastructure management in any municipal/metropolitan area or described river section, river reach, entire river or sub quaternary catchment that considers the river in a catchment context and as approved by the Department; |
| (xx) | "the Act" means the National Water Act 36 of 1998; |
| (xxi) | "water user" means any person who intends to use water in terms of section 21 (c) or (i) of the Act and has the responsibility to comply with the provisions of this Notice. |