National Water Act, 1998 (Act No. 36 of 1998)

Regulations

Regulations on Use of Water for Mining and Related Activities aimed at the Protection of Water Resources

1. Definitions

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In these regulations any expression to which a meaning has been assigned in the Act, shall have the meaning so assigned, and unless the context indicates otherwise—

 

"activity"

means—

(a)any mining related process on the mine including the operation of washing plants, mineral processing facilities, mineral refineries and extraction plants, and
(b)the operation and the use of mineral loading and off-loading zones, transport facilities and mineral storage yards, whether situated at the mine or not,
(i)in which any substance is stockpiled, stored, accumulated or transported for use in such process; or
(ii)out of which process any residue is derived, stored, stockpiled, accumulated, dumped, disposed of or transported;

 

"clean water system"

includes any dam, other form of impoundment, canal, works, pipeline and any other structure or facility constructed for the retention or conveyance of unpolluted water;

 

"dam"

includes any settling dam, slurry dam, evaporation dam, catchment or barrier dam and any other form of impoundment used for the storage of unpolluted water or water containing waste;

 

"dirty area"

means any area at a mine or activity which causes, has caused or is likely to cause pollution of a water resource;

 

"dirty water system"

includes any dam, other form of impoundment, canal, works, pipeline, residue deposit and any other structure and facility constructed for the retention or conveyance of water containing waste;

 

"environmental management programme"

means an environmental management programme submitted in terms of section 39 of the Minerals Act, 1991 (Act No. 50 of 1991);

 

"facility"

in relation to an activity, includes any installation and appurtenant works for the storage, stockpiling, disposal, handling or processing of any substance;

 

"manager", "mine" and "mineral"

have the meaning assigned to them in the Mine, Health and Safety Act, 1996 (Act No. 29 of 1996);

 

"person in control of a mine or activity"

in relation to a particular mine or activity, includes the owner of such mine or activity, the lessee and any other lawful occupier of the mine, activity or any part thereof; a tributer for the working of the mine, activity or any part thereof; the holder of a mining authorisation or prospecting permit and if such authorisation or permit does not exist, the last person who worked the mine or his or her successor-in-title or the owner of such mine or activity; and if such person is not resident in or not a citizen of the Republic of South Africa, an agent or representative other than the manager of such a mine or activity must be appointed to be responsible on behalf of the person in control of such a mine or activity;

 

"residue"

includes any debris, discard, tailings, slimes, screenings, slurry, waste rock, foundry sand, beneficiation plant waste, ash and any other waste product derived from or incidental to the operation of a mine or activity and which is stockpiled, stored or accumulated for potential re-use or recycling or which is disposed of;

 

"residue deposit"

includes any dump, tailings dam, slimes dam, ash dump, waste rock dump, in-pit deposit and any other heap, pile or accumulation of residue;

 

"stockpile"

includes any heap, pile, slurry pond and accumulation of any substance where such substance is stored as a product or stored for use at any mine or activity;

 

"the Act"

means the National Water Act, 1998 (Act No. 36 of 1998);

 

"water system"

includes any dam, any other form of impoundment, canal, works, pipeline and any other structure or facility constucted for the retention or conveyance of water.