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

Chapter 4 : Use of Water

Part 8 : Compulsory licences for water use in respect of specific resource

43. Compulsory licence applications

 

(1) If it is desirable that water use in respect of one or more water resources within a specific geographic area be licensed—
(a) to achieve a fair allocation of water from a water resource in accordance with section 45
(i) which is under water stress; or
(ii) when it is necessary to review prevailing water use to achieve equity in allocations;
(b) to promote beneficial use of water in the public interest;
(c) to facilitate efficient management of the water resource; or
(d) to protect water resource quality,

the responsible authority may issue a notice requiring persons to apply for licences for one or more types of water use contemplated in section 21.

 

(2) A notice in terms of subsection (1) must—
(a) identify the water resource and the water use in question;
(b) state where licence application forms may be obtained;
(c) state the address to which licence applications must be submitted;
(d) state the closing date for licence applications;
(e) state the application fee; and
(f) contain such other information as the responsible authority considers appropriate.

 

(3) A notice in terms of subsection (1) must be made known by publishing the notice in the Gazette at least 60 days before the closing date, giving suitable notice in newspapers and other media and taking other steps to bring the notice to the attention of interested persons.

 

(4) Section 41 applies to an application in terms of this section as if the application had been made in terms of that section.