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

Chapter 4 : Use of Water

Part 4 : Stream flow reduction activities

36. Declaration of stream flow reduction activities

 

(1) The following are stream flow reduction activities:
(a) the use of land for afforestation which has been or is being established for commercial purposes; and
(b) an activity which has been declared as such under subsection (2).

 

(2) The Minister may, by notice in the Gazette, in relation to a particular area specified in that notice, declare any activity (including the cultivation of any particular crop or other vegetation) to be a stream flow reduction activity if that activity is likely to reduce the availability of water in a watercourse to the Reserve, to meet international obligations, or to other water users significantly.

 

(3) In making a declaration under subsection (2), the Minister must consider—
(a) the extent to which the activity significantly reduces the water availability in the watercourse;
(b) the effect of the stream flow reduction on the water resource in terms of its class and the Reserve;
(c) the probable duration of the activity;
(d) any national water resource strategy established under section 5; and
(e) any catchment management strategy established under section 8.

 

(4) Before making a declaration under subsection (2), the Minister must—
(a) publish a notice in the Gazette—
(i) setting out the activity proposed to be declared a stream flow reduction activity; and
(ii) inviting written comments to be submitted on the proposed declaration, specifying an address to which and a date before which comments are to be submitted, which date may not be earlier than 60 days after publication of the notice;
(b) consider what further steps, if any, are appropriate to bring the contents of the notice to the attention of interested persons, and take those steps which the Minister considers to be appropriate; and
(c) consider all comments received on or before the date specified in paragraph (a)(ii).

 

(5) Every notice published in terms of subsection (4)(a) must contain a schedule in which must be listed all stream flow reduction activities set out in subsection (1) and those which have, up to the date of the notice, been declared to be stream flow reduction activities under subsection (2).