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"estuary"

means a body of surface water—

(a) that is permanently or periodically open to the sea;
(b) in which a rise and fall of the water level as a result of the tides is measurable at spring tides when the body of surface water is open to the sea; or
(c) in respect of which the salinity is higher than fresh water as a result of the influence of the sea, and where there is a salinity gradient between the tidal reach and the mouth of the body of surface water;

[Definition substituted by section 1(n) of Act No. 36 of 2014]