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

Chapter 16 : Offences and Remedies

151. Offences

 

(1) No person may—
(a) use water otherwise than as permitted under this Act;
(b) fail to provide access to any books, accounts, documents or assets when required to do so under this Act;
(c) fail to comply with any condition attached to a permitted water use under this Act;
(d) fail to comply with a directive issued under section 19, 20, 53 or 118;
(e) unlawfully and intentionally or negligently tamper or interfere with any waterwork or any seal or measuring device attached to a waterwork;
(f) fail or refuse to give data or information, or give false or misleading data or information when required to give information under this Act;
(g) fail to register an existing lawful water use when required by a responsible authority to do so;
(h) intentionally refuse to perform a duty, or obstruct any other person in the exercise of any power or performance of any of that person's duties in terms of this Act;
(i) unlawfully and intentionally or negligently commit any act or omission which pollutes or is likely to pollute a water resource;
(j) unlawfully and intentionally or negligently commit any act or omission which detrimentally affects or is likely to affect a water resource;
(k) fail to register a dam with a safety risk;
(l) fail to comply with a temporary restriction on the use of water in terms of item 6 of Schedule 3; or
(m) commit contempt of the Water Tribunal.

 

(2) Any person who contravenes any provision of subsection (1) is guilty of an offence and liable, on the first conviction, to a fine or imprisonment for a period not exceeding five years, or to both a fine and such imprisonment and, in the case of a second or subsequent conviction, to a fine or imprisonment for a period not exceeding ten years or to both a fine and such imprisonment.