[Section 21(j)]
| 4.1 | Purpose of authorisation |
This general authorisation replaces the need for a water user to apply for a licence in terms of the Act, provided that the water use is within the limits and conditions as set out in this general authorisation.
This authorisation does not apply to—
| (a) | a person who is not the lawful occupier of the land or who does not have lawful access to the land on which the disposal takes place |
| 4.3 | Compliance with Act and other laws |
| (1) | This authorisation does not— |
| (a) | replace any existing authorisation that is recognised under the Act; |
| (b) | exempt a person who uses water from compliance with any other provision of the Act unless stated otherwise in this notice, or any other applicable law, regulation, ordinance or by-law; |
| (2) | A person who uses water in terms of this authorisation is exempted from compliance with section 22(2)(e) of the Act. |
| 4.4 | Area of applicability |
This authorisation is applicable throughout the Republic of South Africa.
| 4.5 | Duration of authorisation |
This authorisation will be applicable for five years from the date of publication of this notice, unless—
| (a) | it is amended by the responsible authority at any review period; |
| (b) | the period is extended by a notice in the Gazette; |
| (c) | it is replaced with a general authorisation in relation to a specific water resource or within a specific area; or |
| (d) | the water user is instructed in writing by the responsible authority to apply for a licence in terms of the Act. |
In this general authorisation, unless the context indicates otherwise, any word or expression to which a meaning has been assigned in terms of the Act shall have that meaning, and—
"category A mine"
means—
| (a) | any gold or coal mine |
| (b) | any mine with an extractive metallurgical process, including heap leaching; or |
| (c) | any mine where sulphate producing or acid generating material occurs; |
"monitoring programme"
means a programme for taking regular measurements of the quantity and quality of a water resource, waste or wastewater discharge at specified intervals and at specific locations to determine the chemical, physical and biological nature of the water resource, waste or wastewater discharge;
"water found underground"
means water that enters mine workings, basements, tunnels or other construction through seepage or runoff and does not refer to water found in an aquifer.
| 4.7 | Removing water found underground |
| (a) | owns or lawfully occupies property registered at the Deeds Office as at the date of this notice; |
| (b) | lawfully occupies or uses land that is not registered or surveyed; or |
| (c) | lawfully has access to land on which the use of water takes place, |
may remove up to 100 cubic metres of water found underground on any given day, if—
| (i) | the removing of water— |
| (a) | does not impact on a water resource or on any other person's water use, property or land; |
| (b) | is not detrimental to the health and safety of the public in the vicinity of the activity; and |
| (c) | does not detrimentally impact the stability or health of the surrounding ecological functioning of any hydrologically linked water resources. |
| (ii) | the removal of water is not harmful or potentially harmful to human health, or to any water resource. |
| (2) | The water found underground must be— |
| (i) | a water resource in terms of general authorisation in section 2 of this Notice; |
| (b) | disposed of in terms of general authorisation in section 3 of this Notice; |
| (c) | re-used in accordance with this general authorisation and the general authorisations for the water uses contemplated in section 21(e), (t), (g) and (h) of the Act. |
| (3) | This general authorisation authorises the removal of up to 50 cubic meters of water found underground on any given day, on condition that the removal of water— |
| (a) | does not impact on a water resource or on any other person's water use, property or land; |
| (b) | does not detrimentally impact the stability or health of the surrounding ecological functioning of any hydrologically linked water resources; and |
| (c) | is not detrimental to the health and safety of the public in the vicinity of the activity. |
Registration of removal of underground water
| (1) | On receipt of a registration certificate from the responsible authority, the person will be regarded as a registered water user. |
| (2) | All forms for registration of water use are obtainable from any office of the responsible authority as well as from the web-site at http: //www.dwa.gov.za. |
| 4.8 | Record-keeping and disclosure of information |
| (1) | The water user must ensure the establishment of monitoring programmes to monitor the quantity and the quality of water removed from underground, prior to commencement of removal and thereafter, in the following manner: |
| (a) | The quantity of water removed from underground must be metered and recorded on the last day of every month; and |
| (b) | the quality of water removed from underground must be monitored monthly by taking a grab sample at the point at which the water is removed, which must be analysed by an accredited laboratory as specified in the general authorisations for the water uses contemplated in section 21(e), (f), (h) and (g), and results submitted to the responsible authority. |
| (c) | upon written request from the responsible authority the registered user must ensure the establishment of any additional monitoring programme. |
| (2) | The water user must keep a written record for at least ten years of the following information, which must be made available upon written request to the responsible authority, regarding the removal of water found underground and related activities: |
| (a) | The location of the removal of water found underground must be demarcated on a suitable scale map, which must be updated; |
| (b) | details of the monitoring programme including — |
| (i) | the quantity of water removed underground as measured under subparagraph 4.8(1); |
| (ii) | the results of the analysis of the quality of water removed from underground as obtained from the laboratory for the samples taken in accordance with paragraph 4.8(1)(b); |
| (c) | details on the re-use, discharge and/or disposal of the water found underground; |
| (d) | details of designs, precautionary practices and pollution prevention measures implemented; and |
| (e) | details of failure and malfunctions in the underground water removal system, and details of the effects of (if any), as well as details of measures taken to prevent such failures and malfunctions in the future. |
| (3) | Where it is deemed necessary, or upon the written request of the responsible authority, the registered water user must ensure the establishment of additional monitoring programmes for monitoring the water use. |
| (4) | Upon the written request of the responsible authority the registered water user must appoint an external auditor to assess the water use in terms of this general authorisation, and submit the findings to the responsible authority for evaluation. |
| 4.9. | Precautionary practices |
| (1) | The water user must follow acceptable design, construction, maintenance and operational practices to ensure the consistent, effective and safe performance of the underground water removal system, including the prevention of— |
| (b) | waste, wastewater or contaminated stormwater entering into a water resource; |
| (c) | the contamination of run-off water or stormwater; |
| (d) | the unreasonable chemical or physical deterioration of, or any other damage to soil or water resources; |
| (e) | overflows of the wastewater storage and disposal facility during excessive flood events; and the unauthorised use of the wastewater by members of the public. |
| (2) | Suspended solids must be removed from any wastewater, and the resulting sludge disposed of according to the requirements of any relevant law or regulation. |
| (3) | Reasonable measures must be taken to provide for mechanical, electrical,operational or process failures and malfunctions of the underground water removal system. |
| (4) | Upon the written request of the responsible authority the registered user mustensure the implementation of any additional construction, maintenance and operational practices that may be required in the opinion of the responsible authority to ensure the consistent, effective, safe and sustainable performance of the underground water removal system. |
| (5) | The discharged water must not detrimentally impact on the water quality of the receiving water resource. |
Any property or land in respect of which a water use has been authorised in terms of this general authorisation, such property or land must be made available for inspection by an authorised person in terms of section 125 of the Act.
Any information on the occurrence of any incident that has or is likely to have a detrimental impact on the water resource quality must be reported to the responsible authority within 24 hours.
A person who contravenes any provision of this general authorisation is guilty of an offence and is subject to the penalty set out in section 151(2) of the Act.
