National Water Act, 1998 (Act No. 36 of 1998)RegulationsRegulations on Use of Water for Mining and Related Activities aimed at the Protection of Water Resources12. Technical investigation and monitoring |
| (1) | The Minister may, after consultation with the Department of Minerals and Energy and the Department of Environmental Affairs and Tourism, in writing require any person in control of a mine or activity to arrange for a technical investigation or inspection, which may include an independent review, to be conducted on any aspect aimed at preventing pollution of a water resource or damage to the instream or riparian habitat connected with or incidental to the operation or any part of the operation of a mine or activity. |
| (2) | Such investigation must be conducted and a report thereon compiled in the manner and within the time period that the Minister may specify. |
| (3) | The person in control of the mine or activity must inform the Minister as to the expertise and qualifications of the persons who are to conduct an investigation, audit or inspection contemplated in sub-regulation (1) before the commencement thereof. |
| (4) | The Minister may in writing require any person in control of a mine or activity to submit a programme of implementation to prevent or rectify any pollution of a water resource or damage to the instream or riparian habitat as recommended by the investigation contemplated in sub-regulation (1) within the time period that the Minister may specify. |
| (5) | The Minister may in writing direct any person in control of a mine or activity to implement a compliance monitoring network, to monitor the programme of implementation contemplated in sub-regulation (4), through establishing, operating and maintaining monitoring installations of a type, at the locations and in the manner specified by the Minister and to submit the monitoring information and results to the Minister for evaluation. |
| (6) | Subject to Chapter 4 of the Act, any person in control of a mine or activity must submit plans, specifications and design reports approved by a professional engineer to the Minister, not later than 60 days prior to commencement of activities relating to— |
| (a) | the construction of any surface dam for the purpose of impounding waste, water containing waste or slurry, so as to prevent the pollution of a water resource; |
| (b) | the implementation of any pollution control measures at any residue deposit or stockpile, so as to prevent the pollution of a water resource; and |
| (c) | the implementation of any water control measures at any residue deposit or stockpile, so as to prevent the pollution of a water resource. |