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

Chapter 4 : Use of Water

Part 5 : Controlled activities

38. Declaration of certain activities as controlled activities

 

(1) The Minister may, by notice in the Gazette, in general or specifically, declare an activity to be a controlled activity.

 

(2) Before declaring an activity to be a controlled activity the Minister must be satisfied that the activity in question is likely to impact detrimentally on a water resource.

 

(3) Before making a declaration under subsection (1) the Minister—
(a) must publish a notice in the Gazette—
(i) setting out the activity or category of activities proposed to be declared; 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; and
(b) may, in the case of a specific activity on a specific site, make the notice known by delivering or sending a copy to the owner or the person in control of the site in question, and to every organ of state which, and every person who, has an interest in the matter;
(c) must 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
(d) must consider all comments received on or before the date specified in paragraph(a)(ii).

 

(4) Every notice published in terms of subsection (1) must contain a schedule on which must be listed all controlled activities set out in section 37(1)(a) to (d) and those which have, up to the date of the notice, been declared to be controlled activities under subsection (1).