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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

45. Proposed allocation schedules

 

(1) A responsible authority must, after considering—
(a) all applications received in response to the publication of a notice in terms of section 43(1);
(b) any further information or assessment obtained; and
(c) the factors contemplated in section 27,

prepare a proposed allocation schedule specifying how water from the water resource in question will be allocated.

 

(2) A proposed allocation schedule must, subject to subsection (3), reflect the quantity of water to be—
(a) assigned to the Reserve and any relevant international obligations;
(b) assigned to meet the requirements of existing licences;
(c) allocated to each of the applicants to whom licences ought to be issued in order to redress the results of past racial and gender discrimination in accordance with the constitutional mandate for water reform;
(d) allocated to each of the applicants exercising existing lawful water uses to whom the licensing authority determines that licences should be issued;
(e) allocated to each of the applicants, taking into account the factors set out in section 27; and
(f) allocated to every other applicant by public tender or auction, subject to any regulation made under section 26(1)(n).

 

(3) A responsible authority is under no obligation to allocate all available water.

 

(4) After completing a proposed allocation schedule the responsible authority must publish a notice in the Gazette—
(a) containing a copy of the proposed schedule, or stating the address where it may be inspected;
(b) inviting written objections to be submitted on the proposed schedule, specifying an address to which the objections are to be submitted and specifying a date before which the objections are to be submitted, which date must be not less than 60 days after the date of publication of the notice; and
(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 responsible authority considers to be appropriate.