National Water Act, 1998 (Act No. 36 of 1998)RegulationsWater Use Licence Application and Appeals Regulations, 2017Chapter 1 : Interpretation and Definitions1. Interpretation and definitions |
| 1.1 | In these Regulations, any other word or expression to which a meaning has been assigned in the Act shall have that meaning assigned to it in the Act, and unless the context requires otherwise — |
"applicant"
means a person or a representative of that person who makes an application for a water use licence in terms of the Act;
"application"
means an application for a water use licence in terms of the Act;
"cumulative impact"
in relation to a water use, means the impact of a water use that in itself may not be significant, but may become significant when added to an existing and potential impacts eventuating from similar or diverse water use activities or undertakings in the area;
"days"
means calendar days, subject to subregulation 1(4) of this Regulations;
"Environmental Management Plan"
means a plan contemplated in section 1 of the National Environmental Management Act, 1998 (Act 107 of 1998);
means a water use licence application with more than one water uses that are interlinked, provided the application belongs to one person and the water uses are exercised by that person;
means a process referred to in regulation 5;
has the meaning assigned to it in the Mineral and Petroleum Resources Development Act, 2002;
means receipt on the date indicated—
| (ì) | on a receipt form if the application or document was hand delivered or sent via registered mail; |
| (ii) | in an automated or computer generated acknowledgment of receipt; |
| (iii) | on an acknowledgement in writing from the responsible authority as the date of receipt if the application or document was sent via ordinary mail; or |
| (iv) | on an automated or computer generated proof of transmission in the case of a facsimile message. |
means the responsible authority contemplated in section 1 of the Act;
include mining, industry, agriculture, forestry, infrastructure and local government developments;
means any department or administration in the national or provincial sphere of government exercising functions that involve the management of the environment;
means the National Water Act, 1998 (Act No. 36 of 1998), as amended;
means the period within which a particular response, decision or other step in the process must be concluded in terms of these Regulations;
means water use as contemplated in section 21 of the Act; and
includes water use registration forms, public participation report, and specialist studies.
| 1.2 | When a period of days must, in terms of these Regulations, be reckoned from or after a particular day, that period must be reckoned as from the start of the day following that particular day to the end of the last day of the period, but if the last day of the period falls on a Saturday, Sunday or public holiday, that period must be extended to the end of the next day which is not a Saturday, Sunday or public Holiday. |
| 1.3 | For any action contemplated in terms of these Regulations for which a timeframe is prescribed, the period of 15 December to 5 January must be excluded in the reckoning of days. |
| 1.4 | Where a prescribed timeframe is affected by public holiday, the timeframe must be extended by the number of days falling within that timeframe. |