If you own, occupy or control land on which any activity has occurred which has or is likely to cause pollution of a water resource, this section places an obligation on you to take all reasonable measures to prevent this. Note the definition of “water resource” in the definitions section of the Act.

Compliance Obligations?

Measures to be taken may include the cessation, modification or controlling of the pollution causing activity or process.

If pollution of a water resource has occurred, remedying the effects of the pollution is required. If you do not so, a catchment management agency may direct you to take such steps to remedy the situation as may be necessary. If you fail to comply, they may do so and recover the cost s of this from you.

This section deals with the obligations of a responsible person if an incident or accident which causes or is likely to cause pollution of a water resource. Note the definitions of “incident” and “responsible person” in this section.

Compliance Obligations?

The responsible person must report the incident to the authorities listed in section 20(3) and must undertake reasonable containment and clean up measures. If this is not done, the relevant catchment agency may do so and recover the costs from the responsible person.

This section defines water use for the purposes of this Act.

Compliance Obligations

It is important to note that water use extends beyond what many would normally associate with this term. It includes the uses listed in section 21(a)-(k) and includes such uses as impeding or diverting the flow of water in water courses, the discharge of waste or water containing waste and the disposing of waste in a manner detrimental to a water resource to name a few of the more “unusual” examples.

This section provides a list of controlled activities.

Compliance Obligations?

If you are engaging in any of the listed controlled activities as set out in section 37(1)(a)-(e), then you are required to obtain authorisation before doing so.

The controlled activities are, inter alia, irrigation of any land with waste or water containing waste generated through any industrial activity of by a waterwork; a power generation activity which alters the flow regime of a water resource or the intentional recharging of an aquifer.

This very important section sets out the basis upon which water may be legally used.

Compliance Obligations?

There are three “categories” of permissible water use. You may only use water without a license if that use permissible under Schedule 1 of this Act, or if the use is a continuation of an existing lawful use or if the use is permissible under the terms of a general authorisation issued under section 39.

You may also use water if the use is under license in terms of this Act. Finally, you may use water if the responsible authority has dispensed with the license requirement under section 22(3). If you use water as described above, you must use the water subject to any conditions that the license or general authorisation imposes. Similarly water must be used subject to any limitations, restrictions or prohibitions that are contained in this Act or any other applicable law. You may never waste water and if you discharge or dispose of waste or water containing waste, you must comply with applicable waste standards or management practices prescribed under section 26(1)(h) and (i), unless the conditions of the relevant authorization prescribe otherwise.

This section gives the authority to carry on with an existing lawful water use subject to the conditions set out in the section.

Compliance Obligations?

You may continue with the existing lawful water use subject to any existing conditions or obligations, subject to any replacement by a license in terms of this Act and subject to any limitation under this Act.

This section allows the Minister to declare by notice in the Gazette an activity as a controlled activity.

Compliance Obligations?

You will need to consult the Gazettes as published by the Minister to determine whether any additional activities have been declared controlled activities, other than the activities listed in section 37(1)(a)-(e).

This section allows the responsible authority, subject to Schedule 1 of the Act, to publish by notice in the Gazette, generally or in relation to a specific water resource, or within an area specified in the notice, to authorise all or any category of persons to use water.

Compliance Obligations?

The use of water under a general authorisation does not require a licence until the general authorisation is revoked, in which case licensing will be necessary. You will need to determine whether your water usage falls within the General Authorisations or whether the volume of water used requires a Water Use Licence.

This section sets out the various offences in relation to illegal water use. The aim of this section is to make non-compliance a criminal offence.

Compliance Obligations?

Note that both acts and omissions to act can constitute offences. The courts and water management institutions are given certain powers to prosecute these offences. In addition, as this Act is a SEMA, enforcement by Environmental Management Inspectors appointed in terms of the National Environmental Management Act 107 of 1998 (the Green Scorpions) is also possible.

This section grants the court special powers of enquiry into harm, loss or damage where any person is convicted of an offence under this Act.

Compliance Obligations?

If you are convicted of an offence under this Act, the court may enquire without pleadings into the harm, loss or damage that you may have caused.

Following an enquiry as set out in section 152, this section allows a court to award certain damages.

Compliance Obligations?

If convicted, you may be ordered to pay damages to a person who has suffered loss or harm as a result of your actions. You may also be ordered to pay for the cost of any remedial measures implemented, either by you or a relevant water management institution.

This section makes the employer and the employee liable, even if the offending act was committed by the employee, if that act was committed with the employer’s express or implied permission. The converse is also applicable, in that the section holds that the employee or agent will in addition to the employer, also be liable for conviction of the offence if the act by the employee would constitute an offence by the employer.

Compliance Obligations?

This section effectively endorses vicarious liability. If you or your staff have committed an offence under the terms of this Act, you may both be liable, even though you did not actually commit the offending act.