National Water Act, 1998 (Act No. 36 of 1998)RegulationsWater Use Licence Application and Appeals Regulations, 2017Chapter 6 : Public Participation17. Procedure for public participation |
| (1) | A procedure for public participation must be conducted as contemplated in section 41(4) of the Act, as part of the water use licence application process. |
| (2) | Where a public participation process has already been undertaken through the Environment Impact Assessment processes or any other public consultation process, and that public participation process contains and covers all issues pertaining to water use activities, then that public participation process report may, subject to approval by the responsible authority, be submitted for the requirements of the water use licence application. |
| (3) | Notice of the application must be provided to interested and affected parties by: |
| (a) | fixing a written notice board at a visible and accessible place to the public at the boundary or on the fence of: |
| (i) | the site where the water use activity to which the application relates is or is to be undertaken; or |
| (ii) | any alternative site mentioned in the application. |
| (b) | giving written notice to: |
| (i) | the owner or person in control of that land, if the applicant is not the owner or person in control of that land; |
| (ii) | the occupiers of the site where the water use is or is to be undertaken or an alternative site where the water use is to be undertaken; |
| (iii) | owners and occupiers of land adjacent to the site where the water use is or is to be undertaken or an alternative site where the water use is to be undertaken; |
| (iv) | the municipal councillor of the ward in which the water use is or is to be undertaken or an alternative site where the water use is to be undertaken and any organization of ratepayers that represent the community in the area; |
| (v) | any organ of state having jurisdiction in respect of any aspect of the water use activity; |
| (vi) | any person who has submitted a valid land claim in respect of the area in which the water use activity will be conducted; or |
| (vii) | any other interested and affected party as required by the responsible authority. |
| (c) | placing an advertisement in— |
| (i) | one local newspaper, or |
| (ii) | any official Gazette that is published specifically for the purpose of providing public notice of applications or other submissions made in terms of these regulations. |
| (d) | placing an advertisement in at least one provincial newspaper or national newspaper, if the water use has or may have an impact that extends beyond the boundaries of the metropolitan or local municipality in which it is undertaken; provided that this paragraph need not be complied with in an advertisement has been placed in an official Gazette referred to in sub -regulation (3)(c)(ii); and |
| (e) | using reasonable alternative methods, as agreed to by the responsible authority, in those instances where a person is desirous of but is unable to participate in the process due to— |
| (i) | illiteracy, or |
| (ii) | disability. |
| (4) | A notice, notice board or advertisement referred to in subregulation (3) must— |
| (a) | give adequate details of the application which is subject to public participation; and |
| (b) | state the following— |
| (i) | that the application has been submitted to the responsible authority in terms of these Regulations as the case may be; |
| (ii) | the nature and locality of the water uses to which the application refers; |
| (iii) | the water uses; |
| (iv) | where further information on the application or water uses may be obtained; |
| (v) | the manner in which and the person to whom representations in respect of the application can be made; |
| (vi) | a specified date, no more than 60 days after the last publication of a notice, before which written comments or objection may be lodged; and |
| (vii) | an address to which written objections may be lodged. |
| (5) | A notice board referred to in sub-regulation (3) must,— |
| (a) | be of a size at least 60 cm by 42 cm; and |
| (b) | display the required information in a fontsize of not less than 48. |